[1976 Code § 41-1]
This section shall be known and may be cited as the "Street
Excavation Regulations of the Township of Holmdel."
[1976 Code § 41-2]
For the purposes of this section, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
Shall mean any person making written application to the Township
Clerk for an excavation permit hereunder.
Shall mean any unforeseen circumstance or occurrence, the
existence of which constitutes a clear and immediate danger or hazard
to person or property.
Shall mean the excavation, removal, replacement, repair,
construction or other disturbance of any portion of the public improvements
within a public street or drainage right-of-way. These public improvements
include, but are not limited to, curbs, sidewalks, driveways and driveway
aprons, drainage structures and conduits, pavements, base courses,
gutters, retaining walls, channels, headwalls, railings, guardrails
or any other public improvements existing within the public right-of-way
For the purposes of this section, that work which is being performed
outside of the public right-of-way, but which requires the storage
of materials or the operation of equipment within the public right-of-way,
in such a manner as may cause damage, will also be deemed "excavation
work." The term "excavation work" shall also include the construction,
addition, installation or other provision of the whole or portions
of the improvements within a public street, drainage right-of-way
or other public way or public grounds by persons other than those
exempted from the provisions of this section, including privately
sponsored construction of curbing, sidewalks, pavement extensions,
aprons, drainage or any other portions of the public improvements.
Shall mean any person who has been issued a permit pursuant
to the terms and conditions of this section and who is obligated to
fulfill all the terms of this section.
Shall mean any person, firm, partnership, association, corporation,
company or public or private organization of any kind.
Shall mean and include any public street, highway, sidewalk,
alley, public easement, public right-of-way or public grounds accepted
or maintained by the Township and any State or county road over which
the Township may have acquired jurisdiction by agreement.
[1976 Code § 41-3]
a.
It shall be unlawful for any person to perform any excavation work,
as defined herein, or to dig up, break, excavate, tunnel, undermine
or in any manner break up any street or to make or cause to be made
any excavation in or under the surface of any street for any purpose
or to place, deposit or leave upon any street, any earth or other
excavated material obstructing or tending to interfere with the free
use of the street or dig up, break, excavate or undermine or in any
way affect any other public improvement within a public right-of-way,
unless such persons shall first have obtained a permit therefor from
the Township Clerk as herein provided.
b.
This section shall not apply to corporations having, by their charters
or under the laws of this State, authority to excavate or open the
surface of streets or roads without the consent of the municipal or
local authorities, so far as concerns the uses and purposes to which
such authority extends, but shall in other respects apply to such
corporations in full force.
[1976 Code § 41-4; Ord. No. 88-39]
No excavation permit shall be issued unless a written application
for the issuance of an excavation permit is submitted to the Township
Clerk on the form provided by the Township of Holmdel and signed by
the applicant performing the work. The form must be completed in such
a fashion as to contain a clear and definite description of the name,
address and telephone number of the applicant, the nature, scope,
location and purpose of the excavation, together with the approximate
size of the opening to be made in a sketch which clearly shows the
location and dimensions of the proposed opening, the proposed dates
of commencement and completion of the excavation, which date shall
be the expiration date of any permit issued pursuant to the application,
and such other data as may be reasonably required by the Department
of Public Works, including complete plan, profile and details of any
proposed curb, sidewalk, pavement or other proposed improvement or
structure being installed. Upon receipt of the application, the Township
Clerk shall refer same to the Department of Public Works for comments
within five business days of receipt of a complete application. All
comments shall be made and the application returned to the Township
Clerk with a recommendation of approval or disapproval (and the reasons
therefore) within seven days of the receipt of the application by
the Department of, Public Works. The Township Clerk shall issue all
permits approved within three days of receipt of the application by
the Department of Public Works or the expiration of the seven day
comment period, whichever occurs first.
Work on any opening to be made under the permit provided for
herein shall commence within 30 days from the date of the permit and
prosecuted with diligence until its completion. If for any reason
the work is not started within this period, the permit shall be void
and any portion of the application fee in excess of the $25 minimum
shall be refunded to the applicant, together with any unused portion
of its cash repair deposit or performance bond.
[1976 Code § 41-5; Ord. No. 88-39; Ord. No. 95-29 § I]
a.
A nonrefundable application fee of $25, shall be paid to the Township
to cover the cost of processing the application and providing inspection
as outlined herein. This fee shall be waived in connection with an
application by a property owner for the repair or replacement of 20
or fewer contiguous feet of an existing sidewalk.
b.
Permit fees may be waived in the case of installation of new public
improvements by a subdivider or site developer in accordance with
approved plans without cost to the Township.
[1976 Code § 41-6]
The Township Clerk shall provide each permittee at the time
a permit is issued hereunder a suitable placard plainly written or
printed in English letters at least two inches high with the following
notice: "Township of Holmdel, Permit No. _____, Expires __________,"
and in the first blank space there shall be inserted the number of
the permit and after the word "expires" shall be stated the date when
the permit expires. It shall be the duty of any permittee hereunder
to keep the placard posted in a conspicuous place at the site of the
excavation work. It shall be unlawful for any person to exhibit such
placard at or about any excavation not covered by such permit or to
misrepresent the number of the permit or the date of expiration of
the permit.
[1976 Code § 41-7; Ord. No. 88-39; Ord. No. 90-33; Ord. No. 2000-24 § I; Ord. No. 2001-01 § I]
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 17-1.8 or has been posted pursuant to subsection 30-13.2 and covers the same work for which the permit hereunder is sought. Such cash repair deposit shall take the form of cash or certified check, payable to the Township of Holmdel, and shall be received by the Township Clerk prior to the issuance of any permit. Any cash repair deposit made hereunder shall serve as security for the inspection, 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. Upon the permittee's completion of the work covered by such permit, in conformity with this section as determined by the Township, 1/2 of the remaining cash deposit shall be promptly refunded by the Township to the permittee and the balance shall be refunded by the Township to the permittee upon the expiration of two years from the date of final approval of the work upon the Township's determination that the permittee has performed the work in conformity with this section.
b.
c.
In the case of excavation or removal or alteration of other public
improvements such as drainage, sidewalks, driveways, driveway aprons,
etc., the Township Clerk's office shall determine in each case the
amount of the cash repair deposit in sum total sufficient to allow
the Township to perform all required repairs and restorations. The
Township Clerk's office may request a report from the Township Engineer
in such cases as deemed necessary by the Township Clerk. The amount
shall be estimated to include gross Township costs, including fees,
temporary maintenance costs, permanent restoration costs, engineering
costs, etc.
d.
Cash repair deposits may be waived in the case of installation or
repair of sidewalk by the owner or by a person acting for the owner
of real property and may be waived in the case of installation of
new public improvements by a subdivider or site developer in accordance
with the approved plans and without cost to the Township; provided,
however, that such waiver will not be granted if, in the opinion of
the Township, a cash repair deposit is necessary to assure protection
of existing improvements or to guarantee against damages during construction.
e.
The application for an excavation permit to perform work shall be
accompanied by an inspection fee in the amount of $0.50 per square
foot or part thereof with a minimum inspection fee deposit of $100,00.
The inspection fee will be used to cover the cost of inspection of
the excavation during construction as well as inspection of the temporary
repair and inspection of the final repair. In the event additional
inspection is required, the Township Engineer will calculate the cost
of the additional inspection fees, which shall not exceed the actual
costs thereof.
f.
In submitting the cash repair deposit and inspection fee provided
for herein, the applicant shall do so by separate checks. If separate
checks are not submitted, the Township Treasurer may determine to
deposit the single check and use alternative means to create the two
distinct funds; however, if such segregation of funds is performed
by Township personnel, the applicant shall have been deemed to have
consented to the Township charging the inspection fee account a $100
charge to segregate the funds.
[1976 Code § 41-8; Ord. No. 88-39; Ord. No. 17-74; Ord. No. 2000-24 § I]
a.
If an individual cash repair deposit required by subsection 17-1.7 exceeds $1,000 or if the aggregate of the cash repair deposits which any applicant expects to be required to provide within a period of one year exceeds $5,000 or if the applicant is a public utility regulated by the Federal government and/or the State of New Jersey, then 90% of the required cash repair deposits may be posted in the form of a surety bond and 10% by certified check or cash. If a surety bond is to be provided in accordance with the requirements of this section, the applicant shall deposit with the Township Clerk a surety bond for 90% of the amount to be determined by the Township Clerk in accordance with paragraph b of this subsection, made payable to the Township of Holmdel. The required bond must be:
1.
With good sufficient surety;
2.
By a surety company authorized to transact business in the State
of New Jersey;
3.
Satisfactory to the Township Attorney in form and substance;
4.
Conditioned upon the permittee's compliance with this section and
to secure and hold the Township and its officers harmless against
any and all claims, judgments or other costs arising from the excavation
and other work covered by the excavation permit or for which the Township,
the Township Committee or any Township officer may be made liable
by reason of any accident or injury to person or property through
the fault of the permittee either in not properly guarding the excavation
or for any other injury resulting from the negligence of the permittee,
and shall be further conditioned to fill up, restore and place in
good and safe condition as near as may be to its original condition
and to the satisfaction of the Township all openings and excavations
made in streets.
b.
The amount of the performance bond to be submitted to the Township Clerk shall be a minimum of 90% of double the amount of cash repair deposit required pursuant to subsection 17-1.7 of the Code of the Township of Holmdel. In the event that the Township Engineer determines that the cost of proper restoration of the excavation work will exceed the amount of the calculation, then additional bond for the particular job in question may be required by the Department of Public Works in a sum determined by the Township Engineer.
In lieu of a performance bond per job, any utility regulated
by the BPU or any contractor expecting to request multiple permits
per year, may post a blanket performance guarantee in the minimum
sum of $10,000 with the Township on an annual basis. Ninety may be
by surety pursuant to paragraph a above and 10% by cash or certified
check. In the event the Township Engineer determines that the cost
of proper restoration of the area disturbed and pavement surface will
exceed the amount of the blanket performance guarantee, an additional
performance guarantee for that particular job, in an amount to be
determined by the Township Engineer, shall be posted by the permittee
prior to the issuance of any permit(s).
[1976 Code § 41-9; Ord. No. 88-39]
a.
The permittee shall take appropriate measures to insure that during
the performance of the excavation work traffic conditions shall be
maintained as nearly normal as practicable at all times so as to cause
as little inconvenience as possible to the occupants of the abutting
property and to the general public, provided that the Department of
Public Works with the approval of the Traffic Safety Officer, may
permit the closing or partial closing of streets to all traffic for
a period of time prescribed as necessary. The permittee shall route
and control traffic, including its own vehicles, as directed by the
Township Police Department. The following steps shall be taken before
any street may be closed or restricted to traffic:
1.
The permittee must receive the approval of the Police Department
therefor;
2.
The permittee must notify, in writing, the Volunteer Fire Company;
3.
Upon completion of construction work, the permittee shall notify,
in writing, the Township Police Department, Fire Company, First Aid
Squad, and Board of Education before traffic is moved back to its
normal flow so that any necessary adjustments may be made.
4.
The permittee shall provide traffic directors and/or Police Officers
and related equipment (i.e., signs, cones, etc.) for traffic control
and direction of traffic at the street excavation site during the
course of the excavation. Permittee shall pay all costs associated
with the use of any private traffic directors or the use of Holmdel
Police personnel, if they are required during the course of the excavation,
any work performed in connection therewith and during cleanup operations.
The Township Committee may relax or modify the requirements of this
section in its discretion, upon application by the permittee.
b.
Through traffic shall be maintained without the aid of detours, if
possible. In instances in which this would not be feasible, the Chief
of Police will designate detours. The Township shall maintain roadway
surfaces of existing roadways designated as detours without expense
to the permittee but in case there are no existing highways, the permittee
shall construct all detours at its expense and in conformity with
the specifications of the Township Engineer. The permittee shall be
responsible for any damage caused to any roadways by the operation
of its equipment.
[1976 Code § 41-10]
The excavation work shall be performed and conducted so as not
to interfere with access to fire stations and fire hydrants. Materials
or obstructions shall not be placed within 15 feet of fire hydrants.
Passageways leading to fire escapes or firefighting equipment shall
be kept free of piles of material or other obstructions.
[1976 Code § 41-11]
The permittee shall erect and maintain suitable barriers to
confine to a minimum the encroachment of earth from trenches or other
excavations upon highways. The permittee shall construct and maintain
adequate and safe crossings over excavations and across highways under
improvement to accommodate vehicular pedestrian traffic at all street
intersections. Vehicular crossings shall be constructed and maintained
of plank, timbers, steel sheet and blocking of adequate size to accommodate
vehicular traffic safety. Decking, if timber shall be not less than
four inches thick and shall be securely fastened together with heavy
wire and staples. Pedestrian crossings shall consist of planking three
inches thick, 12 inches wide and of adequate length, together with
necessary blocking. The walk shall be not less than three feet in
width and shall be provided with a railing on both sides.
[1976 Code § 41-12]
The permittee shall not interfere with any existing utility
without the written consent of the Township Engineer and/or the utility
company or person owning the utility. If it becomes necessary to remove
an existing utility, this shall be done by its owner. No utility owned
by the Township shall be moved to accommodate the permittee unless
the cost of such work be borne by the permittee. The cost of moving
privately owned utilities shall be similarly borne by the permittee
unless it makes other arrangements with the owner of the utility.
The permittee shall support and protect, by timbers or otherwise,
all pipes, conduits, poles, wires or other apparatus which may be
in any way affected by the excavation work and do everything necessary
to support, sustain and protect them under, over, along or across
the work, in accordance with applicable statutory provisions. In case
any pipes, conduits, poles, wires or apparatus should be damaged,
they shall be repaired by the agency or owner and the expense of such
repairs shall be borne by permittee, and his or its bond shall be
liable therefor. The permittee shall be responsible for any damage
done to any public or private property by reason of the breaking of
any water pipes, sewer, gas pipe, electric conduit or other utility,
and its bond shall be liable therefor. The permittee shall inform
itself as to the existence and location of all underground utilities
and protect the same against damage.
[1976 Code § 41-13]
The permittee shall, at all times and at his or its own expense,
preserve and protect from injury any adjoining property providing
proper foundations and taking other measures suitable for the purpose.
Where in the protection of such property, it is necessary to enter
private property for the purpose of taking appropriate protective
measures, the permittee shall obtain permission from the owner of
such private property for such purpose. The permittee shall, at its
own expense, shore up and protect all buildings, walls, fences or
other property likely to be damaged during the progress of the excavation
work and shall be responsible for all damage to public or private
property or highways resulting from its failure to properly protect
and carry out the work. Whenever it may be necessary for the permittee
to trench through any lawn area, the sod shall be carefully cut and
rolled and replaced after ditches have been backfilled as required
in this section. All construction and maintenance work shall be done
in a manner calculated to leave the lawn area clean of earth and debris
and in a condition as nearly as possible to that which existed before
such work began. The permittee shall not remove, even temporarily,
any trees or shrubs which exist in parking strip areas or easements
across private property without first having notified and obtained
the consent of the property owner or, in the case of public property,
the appropriate Township department or Township official having control
of such property.
[1976 Code § 41-14; Ord. No. 88-39]
Any excavation made in any sidewalk or under a sidewalk shall
be provided with a substantial and adequate footbridge over the excavation
on the line of the sidewalk, which bridge shall be at least three
feet wide and securely railed on each side so that foot passengers
can pass over safely at all times. This requirement may be waived
by the Department of Public Works if found unnecessary or unreasonable
because of the nature of the excavation or conditions affecting same.
[1976 Code § 41-15]
a.
The permittee shall erect and maintain, approaching and throughout
the site of the excavation work, such signs, lights, barricades and
other protective devices as are required. In the absence of specific
written direction by the Police Department, all signs shall be provided
as required by the "Manual on Uniform Traffic Control Devices," section
concerning construction signs, as published by the United States Department
of Commerce.
b.
Should the Township Police Department, at any time, determine that
the permittee has failed to provide all required signs and protective
devices in accordance with the directions of the Police Department
and/or the requirements of the previously mentioned Manual on Uniform
Traffic Control Devices, the Township may provide and erect or cause
the provision and erection of such required signs, barricades and
traffic control devices and the cost thereof may be deducted from
the cash repair deposit provided by the applicant or may be billed
directly to the applicant by the Township. If such billing is made
and not paid by the applicant within 15 working days after such billing,
the amount may be deemed due and recoverable from the applicant's
cash deposit or surety.
c.
The Township shall normally provide the applicant with 24 hours'
notice of its intention to provide any such required signs, barricades
and traffic control devices and its intention to bill the applicant
the cost thereof, to deduct the cost thereof from the applicant's
cash repair deposit or to recover the cost thereof from the applicant's
surety, except that in case of immediate emergency or hazard to the
public health or safety, the Township may cause the provision and
erection of such devices without notice.
d.
The permittee shall erect such fence, railing or barriers about the
site of the excavation work as shall prevent danger to persons using
the street or sidewalks, and such protective barriers shall be maintained
until the work shall be completed or the danger removed. At twilight
there shall be placed and maintained upon such place of excavation
and upon any excavated materials or structures or other obstructions
to streets, suitable and sufficient lights which shall be kept burning
throughout the night during the existence of such obstructions. It
shall be unlawful for anyone to remove or tear down the fence or railing
or other protective barriers or any lights provided there for the
protection of the public at twilight. Excavations of any traveled
portion of the roadway shall be backfilled so as to allow vehicular
traffic to proceed on the roadway unless otherwise directed by the
Township Engineer.
[1976 Code § 41-16]
It shall be unlawful for the permittee to suffer or permit to
remain unguarded at the place of excavation or opening any machinery,
equipment or other device having the characteristics of an attractive
nuisance likely to attract children and hazardous to their safety
or health.
[1976 Code § 41-17]
All material excavated from trenches and piled adjacent to the
trench or in any street shall be piled and maintained in such manner
as not to endanger those working in the trench, pedestrians or users
of the streets and so that as little inconvenience as possible is
caused to those using streets and adjoining property. Where the confines
of the area being excavated are too narrow to permit the piling of
excavated material beside the trench, such as might be the case in
a narrow alley, the Township shall have the authority to require that
the permittee haul the excavated material to a storage site and then
rehaul it to the trench site at the time of backfilling. It shall
be the permittee's responsibility to secure the necessary permission
and to make all necessary arrangements for all required storage and
disposal sites.
[1976 Code § 41-18; Ord. No. 88-39]
All damage done to existing improvements during the progress
of the excavation work shall be repaired by the permittee. Materials
for such repairs shall conform with the requirements of any applicable
code or ordinance. If, upon being ordered, the permittee fails to
furnish the necessary labor and materials for such repairs, the Department
of Public Works shall require the labor and materials to be furnished
and the cost shall be charged against the permittee, and the permittee
shall also be liable on his or its bond therefor.
[1976 Code § 41-19]
Property lines and limits or easements shall be indicated on
the plan of excavation submitted with the application for the excavation
permit, and it shall be the permittee's responsibility to confine
excavation work within these limits.
[1976 Code § 41-20; Ord. No. 88-39]
As the excavation work progresses, all streets and private properties
shall be thoroughly cleaned of all rubbish, excess earth, rock and
other debris resulting from such work. All cleanup operations at the
location of such excavation shall be accomplished at the expense of
the permittee and shall be completed to the satisfaction of the Department
of Public Works. From time to time as may be ordered by the Department
of Public Works and, in any event, immediately after completion of
the work, the permittee shall at his or its own expense clean up and
remove all refuse and unused materials of any kind resulting from
the work; and upon failure to do so within 24 hours after having been
notified to do so by the Township, the work may be done by the Township
and the cost thereof charged to the permittee, and the permittee shall
also be liable for the cost thereof under the surety bond provided
hereunder.
[1976 Code § 41-21; Ord. No. 88-39]
The permittee shall provide for the flow of all watercourses,
sewers or drains intercepted during the excavation work and shall
replace the same in as good condition as it found them or shall make
such provisions for them as the Department of Public Works may direct.
The permittee shall provide for environmental protection for streams
and watercourses. The permittee shall not obstruct any drainage facility
on any street but shall use all proper measures to provide for the
free passage of surface water. The permittee shall make provisions
to take care of all surplus water, muck, silt, slicking or other runoff
pumped from excavations or resulting from sluicing or other operations
and shall be responsible for any damage resulting from its failure
to so provide.
[1976 Code § 41-22; Ord. No. 2000-24 § I]
Whenever it is necessary to break through existing pavement
for excavation purposes and where trenches are to be two feet or more
in depth, the base pavement shall be removed to at least 12 inches
beyond the outer limits of the trench. The face of the remaining pavement
shall be approximately vertical. A power-driven concrete saw shall
be used so as to permit removal of concrete pavement with a clean
saw cut edge.
[1976 Code § 41-23; Ord. No. 88-39]
Tunnels under pavement shall not be permitted except by permission
of the Department of Public Works. If permitted, tunnels shall be
adequately supported by timbering and backfilling under the direction
of the Township Engineer.
[1976 Code § 41-24; Ord. No. 88-39; Ord. No. 2000-24 § I]
a.
All trench openings shall be neatly saw cut. Unless specifically
allowed, in writing, by the Holmdel Road Department for unusual circumstances,
no excavation work area shall remain open overnight.
b.
All applications for excavations exceeding four feet in depth shall
be accompanied by engineering plans showing how the excavation will
be protected from side-wall collapse and damage to adjoining property
and structures.
c.
Unless otherwise allowed, the contractor shall backfill all trenches
at the end of each working day with suitable materials from the trench
excavation or with granular borrow material. Rocks larger than six
inches may not be included in backfill. Backfill material shall be
deposited in layers and mechanically compacted to a minimum 90% Modified
Proctor Density. Consolidation will not be acceptable as a method
to achieve the soil densities specified.
d.
The backfilling, replacement of sub-base, and installation of base
course shall be completed within 24 hours after commencement of work.
[1976 Code § 41-28; Ord. No. 39-88; Ord. No. 88-39; Ord. No. 2000-24 § I; amended 2-22-2022 by Ord. No. 2022-03]
a.
Restoration Required.
1.
The permittee shall restore the surface of all streets, broken into
or damaged as a result of excavation work, to its original condition
in accordance with the specifications of the Department of Public
Works, and at the direction of the Township Engineer.
2.
In the case of utility work undertaken by a public or private utility
or contractor, which work involves placing of new or replacing or
repairing existing utility infrastructure, including, but not limited
to, gas lines, water lines, electrical lines and sewer lines, or any
disturbance of the roadway surface, where the area to be trenched
is greater than 50 linear feet, or where multiple small openings in
the pavement are made within a fifty-linear-foot or greater length
of a roadway, upon completion or within a reasonable amount of time
as determined by the Township Engineer, the permittee shall mill and
repave the entire pavement surface from edge to edge or curb to curb
for the full length of the excavation, in accordance with the specifications
of the Department of Public Works. Further, should any proposed construction
result in an undisturbed section of roadway between two disturbed
segments, or between one disturbed segment and an intersecting roadway,
and such undisturbed section is 500 linear feet or less in length,
said undisturbed section will still require full restoration, edge
to edge, in accordance with Township roadway restoration specifications.
b.
Once the excavation work area has been properly saw-cut and the backfill
properly compacted, the permittee shall install no less than six inches
of hot-mix asphalt (HMA) 19M64 base course, to the surface of the
excavation. Pavement shall be removed a minimum of six inches on each
side of the excavation to expose undisturbed subgrade. Excavations
less than two feet from the curbline will require removal of the existing
pavement from excavation to the curbline.
c.
All excavations shall be allowed to settle for no less than 90 days
and no more than 180 days. During this time period, the permittee
shall be responsible for maintaining the surface of the excavation.
d.
Pavement surface restorations shall be as follows: (See attached
"Roadway Trench Repair Detail" and "Temporary Trench Repair Detail").[1]
1.
For existing street improvements, the permittee shall remove the hot-mix asphalt base repair to a depth of two inches below the surface of the existing street. Milling of excavations in existing street improvements may be required on a case-by-case basis as determined by Public Works. Milling limits shall be in accordance with Subsection d4.
2.
For new street improvements, the permittee will be required to mill
all excavation work to the limits determined by Public Works. Public
Works may waive this requirement for a minor individual opening.
3.
For concrete base streets with asphalt surface course, milling will
be required to the full depth of the asphalt overlay to the limits
determined by Public Works.
4.
Milling of all street improvements shall conform to the following
standards:
(a)
For all excavations in new street improvements paved within
the last five years, Public Works, at its discretion, may require
half-width or full-width milling on all excavations as deemed appropriate.
(b)
The minimum width of milling shall be six feet three inches.
Milling shall extend a minimum of six inches for existing streets
and 18 inches for streets that have been paved within the last five
years on all sides of the excavation work.
(c)
All milling shall extend to the curb or edge of pavement.
(d)
All milling within three feet of the center line of the street
shall extend to the center line.
(e)
For excavations which disturb 30% or more of the width of the
street surface, milling shall extend from the curb or edge of pavement
to the center line of the street.
(f)
Excavations along the center line of the street for more than
50 linear feet will require full-width milling of the street surface.
(g)
Edges of milling will generally be perpendicular and parallel
to the curbline or edge of pavement and the center line of the roadway.
(h)
Public Works has the discretion to extend, modify or revise
milling limits to accommodate existing pavement and drainage conditions.
5.
All milled areas shall be treated with a tack coat and paved with
a minimum of two inches of hot-mix asphalt (HMA) surface course (Mix
9.5M64).
6.
The minimum permitted permanent repairs shall be or, in the opinion
of Public Works, be equivalent to:
(a)
In streets constructed with concrete: replacement of an equivalent
concrete pavement.
(b)
In streets constructed with hot-mix asphalt: construction of
a hot-mixed asphalt (HMA) base (Mix 19M64), six inches thick, and
a hot-mixed asphalt (HMA) surface course (Mix 9.5M64), two inches
thick. All pavement edges are to be cut and neatly matched; no overlaying
existing pavements will be permitted.
(c)
In streets constructed of concrete with a hot-mix asphalt overlay:
replacement of equivalent concrete and asphalt pavement. Hot-mix asphalt
will be hot-mix asphalt surface course (Mix 9.5M64), thickness to
match existing, and hot-mix asphalt base (Mix 19M64), thickness to
match existing and concrete base, thickness and reinforcement to match
existing. Replacement of the concrete with asphalt is not permitted.
(d)
In streets of lesser construction: as approved by Public Works
at time of issuance of permit.
(e)
If the particular existing street pavements exceed these criteria,
higher-type repairs may be required.
7.
All materials and workmanship is to be in accordance with the New
Jersey Department of Transportation Standard Specifications.
[1]
Editor's Note: See Attachment 1, Roadway Trench Repair
Detail and Temporary Trench Repair Detail.
e.
The permittee may be required to place a temporary surface over openings
made in paved traffic lanes. Except when the permanent replacement
pavement is to be replaced before the opening of the cut to traffic,
the fill above the bottom of the paving slab shall be tamped into
place, and this fill shall be topped with a minimum of at least two
inches of hot-mix asphalt (Mix 9.5M64) which is suitable to maintain
the opening in good condition until permanent restoration can be made.
During the winter months, cold patch may be substituted with the approval
of Public Works. The crown of the temporary restoration shall not
exceed one inch above the adjoining pavement. The permittee shall
exercise special care in making such temporary restorations and must
maintain such restorations in safe traveling condition until such
time as permanent restorations are made. The asphalt which is used
shall be in accordance with the specifications of Public Works. If,
in the judgment of Public Works, it is not expedient to replace the
pavement over any cut or excavation made in the street upon completion
of the work allowed under such permit by reason of the looseness of
the earth or weather conditions, they may direct the permittee to
lay a temporary pavement or steel plate or other suitable material
over such cut or excavation to remain until such time as the repair
of the original pavement may be properly made.
f.
Permanent restoration of the street shall be made by the permittee
in strict accordance with the specifications prescribed by Public
Works to restore the street to its original and proper condition,
or as near as may be.
g.
Acceptance or approval of any excavation work by Public Works shall
not prevent the Township from asserting a claim against the permittee
and his or its surety under the surety bond required hereunder for
incomplete or defective work if discovered within 24 months from the
completion of the excavation work. Public Works' presence during
the performance of any excavation work shall not relieve the permittee
of its responsibilities hereunder.
[Ord. No. 2000-24 § 1]
The permittee may be required to place a temporary surface over
openings made in paved traffic lanes if the road must be reopened
before the normal completion of work. Except when the permanent replacement
paving is to be replaced before the opening of the cut to traffic,
the fill above the bottom of the existing pavement shall be tamped
into place, properly graded and topped with a minimum of four inches
of bituminous patch material which is suitable to maintain the opening
in good condition until permanent restoration can be made, but in
no case shall temporary patch be used for more than seven days.
[1976 Code § 41-29; Ord. No. 2000-24 § I]
a.
If the permittee shall have failed to restore the surface of the
street to its original and proper condition upon the expiration of
the time fixed by such permit or shall otherwise have failed to complete
the excavation work covered by such permit or shall fail to adhere
to other requirements of this section, the Township shall have the
right to do all work necessary to restore the street, to eliminate
violations and to complete the excavation work. The permittee shall
be liable for the actual cost thereof and 25% of such cost, in addition,
for general overhead and administrative expenses. The Township shall
have a cause of action for all fees, expenses and amounts paid out
and due it for such work and shall apply, in payment of the amount
due it, any funds of the permittee deposited as herein provided; and
the Township shall also enforce its rights under any surety bond provided
pursuant to this section. The Township will normally give the permittee
24 hours' notice of its intent to act, under the terms of this section,
to eliminate violations of this section or to restore the surface,
except that in the case of immediate danger to public health or safety,
certified to by the appropriate officials, no such notice will be
provided.
b.
It shall be the duty of the permittee to guarantee and maintain the
site of the excavation work in the same condition it was prior to
the excavation for one year after restoring it to its original condition.
[1976 Code § 41-30; Ord. No. 2000-24 § I]
Except by special permission from the Township Engineer, no
trench shall be excavated more than 150 feet in advance of pipe laying
or left unfilled more than 150 feet where pipe has been laid. The
length of the trench that may be opened at any one time shall not
be greater than the length of pipe and the necessary accessories which
are available at the site ready to be put in place during that single
working day. Trenches shall be braced and sheathed according to generally
accepted safety standards for construction work and/or as prescribed
by the Township Engineer. Except with the written permission of the
Township Engineer, no timber bracing, lagging, sheathing or other
lumber shall be left in any trench.
[Ord. No. 2000-24 § I]
[1976 Code § 41-31; Ord. No. 2000-24 § I]
The permittee shall prosecute with diligence and expedition
all excavation work covered by the excavation permit and shall promptly
complete such work and restore the street to its original condition,
or as near as may be, as soon as practicable and, in any event, not
later than the date specified in the excavation permit therefor.
[1976 Code § 41-32; Ord. No. 2000-24 § I]
If traffic conditions, the safety or convenience of the traveling
public or the public interest require that the excavation work be
performed as emergency work, the Holmdel Road Department shall have
full power to order, at the time the permit is granted, that a crew
of men and adequate facilities be employed by the permittee 24 hours
a day, for the duration of the project so that such excavation and
repair work may be completed as soon as possible. In enforcing this
provision, the Township does not assume under any circumstances the
responsibility for the health and safety of the contractor's employees,
subcontractors, or other agents acting on behalf of the contractor,
the public or other third parties.
[1976 Code § 41-33; Ord. No. 2000-24 § I]
In the event of any emergency in which a sewer, main, conduit
or utility in or under any street breaks or bursts or otherwise is
in such condition as to immediately endanger the property, life, health
or safety of any individual, the owner or operator of such sewer,
main, conduit or utility, without first applying for and obtaining
a permit, shall immediately take proper emergency measures to cure
or remedy the dangerous conditions for the protection of property,
life, health and safety of individuals. However, such owner or operator
shall apply for an excavation permit not later than the end of the
next succeeding day during which the Township Clerk's office is open
for business and shall not proceed with permanent repairs without
first obtaining an excavation permit.
[1976 Code § 41-34; Ord. No. 88-39; Ord. No. 2000-24 § I]
Each permittee shall conduct and carry out the excavation work
in such manner as to avoid unnecessary inconvenience and annoyance
to the general public and occupants of neighboring property. The permittee
shall take appropriate measures to reduce, to the fullest extent practicable
in the performance of the excavation work, noise, dust and unsightly
debris and during the hours of 9:00 p.m. and 7:00 a.m. shall not use,
except with the express written permission of the Department of Public
Works or in case of any emergency as herein otherwise provided, any
tool, appliance or equipment producing noise of sufficient volume
to disturb the sleep or repose of occupants of the neighboring property.
Dust shall be controlled by means of maintaining the work area in
a clean condition, cleaning and/or sweeping pavement areas and applying
calcium chloride.
[1976 Code § 41-35; Ord. No. 2000-24 § I]
The permittee shall not disturb any survey monuments, hubs or
pipes found on the line of excavation work until and unless ordered
to do so by the Township Engineer.
[1976 Code § 41-36; Ord. No. 88-39; Ord. No. 2000-24 § I]
Forty-eight hours prior to the commencement of the work, the
permittee shall notify the Holmdel Road Department and request that
an inspector be present to observe the excavation and restoration.
The permittee shall also call for a utility markout prior to undertaking
any excavating activity. No pavement surface restoration shall be
performed until the backfill operation is complete and approved by
the Holmdel Road Department or Township Engineer.
[1976 Code § 41-37; Ord. No. 2000-24 § I]
Users of subsurface street space shall maintain accurate drawings,
plans and profiles showing the location and character of all underground
structures including abandoned installations. Two copies of as-built
drawings shall be filed with the Township Engineer within 60 days
after new installations, changes or replacements are made.
[1976 Code § 41-38; Ord. No. 2000-24 § I]
The provisions of this section shall not be applicable to any excavation work by employees of the Township or by any contractor of the Township or agency or department of the Township performing work, for and on behalf of the Township, necessitating openings of excavations in streets. Nor shall the provisions of subsections 17-1.5 and 17-1.7 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 such subdividers or site developers have complied with applicable ordinance requirements governing subdivisions.
[1976 Code § 41-39; Ord. No. 88-39; Ord. No. 2000-24 § I]
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 Committee may require the provision
of increased amounts of liability and property damage insurance. Any
permits which occasion such increased hazard or liability shall be
referred, by the Department of Public Works, for the consideration
of the Committee prior to the issuance of a permit.
By the making of an application for a permit, the permittee
agrees to indemnify and save harmless the Township of Holmdel, 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 Holmdel (including the costs of providing a defense)
against any damage done to other utilities as the result of a road
opening.
[1976 Code § 41-40; Ord. No. 2000-24 § I]
This section shall not be construed as imposing upon the Township
or any official or employee 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.
[1976 Code § 41-41; Ord. No. 88-39; Ord. No. 2000-24 § I]
For the violation of the provisions herein contained, the Director of Public Works may revoke the permit and the excavation or opening and pavements may be restored by the Township of Holmdel at the expense of the permittee. In addition, any person, firm or corporation found guilty in the Municipal Court of the Township of a violation of the terms of this section shall, upon conviction, be liable to the penalties established in Chapter 1, Section 1-5.
[1976 Code §§ 32-10 — 32-16; Ord. No. 94-4; Ord. No.
99-6, § I; amended 9-10-2019 by Ord. No. 2019-20]
The owner or tenant of any lands lying within the limits of
the Township of Holmdel shall comply with the following requirements
in maintaining property:
a.
All brush, hedges and other plant life growing within 10 feet of
any roadway and within 25 feet of the intersection of two roadways
shall be cut to a height of not more than 2 1/2 feet.
b.
All hanging tree limbs, branches, vines, or other vegetation, either
living or dead, shall be cleared to at least a height of 20 feet over
any roadway.
c.
All tree limbs, branches, vines, or other vegetation, either living
or dead, of any height, shall be kept clear from obstructing the view
of any traffic control device or any sight line necessary for the
safe operation of motor vehicles on any roadway within the Township.
d.
All tree limbs, branches, vines or other vegetation, either living
or dead, shall be kept clear within a distance of 10 feet from any
public utility line, pole, or support.
Such notice to cut and remove pursuant to the requirements of
this section shall be given by the Township Code Enforcement Officer
to the owner or tenant by registered or certified mail to the last
known address of the owner or tenant. Removal of such shall occur
within 10 days after notice in order to preserve the safety of the
public.
In the event of the failure of any owner or tenant to comply with the notice to remove served in accordance with the provisions of Subsection 17-2.2 above, the Township of Holmdel may proceed to cause the cutting and removal of such brush, hedges and other plant life under the direction of the Township Engineer.
Whenever the Township has cut and removed brush, hedges and
other plant life in accordance with the terms and conditions of this
section, the Township Engineer shall certify to the Township Committee
the cost thereof including all charges of the Township Engineer's
Office in regard thereto, and if the amount so certified appears,
by resolution of the Committee, to be correct and reasonable, the
Township Clerk shall forthwith deliver a certified copy of the resolution
to the Township Tax Collector and the amount so charged shall forthwith
become a lien upon such lands from which the brush, hedges and other
plant life were cut and removed and shall be added to and become part
of the taxes next to be assessed and levied upon such lands, the same
to bear interest at the same rate as other taxes and shall be collected
and enforced in the same manner as taxes.
The Monmouth County Engineer's Office is hereby designated as
an officer of the Township of Holmdel empowered to carry out the terms
and provisions of this section on all county roads and at all intersections
with county roads situate within the Township, provided, however,
that if the county performs the cutting and removal of brush, hedges
and other plant life as specified herein, there will be no fees or
charges levied against the affected property owners within the Township
of Holmdel.
No person shall cause or permit snow and/or ice accumulations
to be plowed or cast in any manner from private property including
driveways, sidewalks and private roads onto the portion of any public
street, highway, roadway or rights-of-way within the Township improved,
designed, or ordinarily used for vehicular travel (hereafter "public
way"). Snow and ice accumulations plowed or cast from driveways and/or
private property onto a public way shall be promptly removed therefrom
and deposited on private property so as to avoid the creation of any
public safety hazard. Nothing herein shall be construed as prohibiting
snow and/or ice accumulations from being plowed or cast across a public
way so long as same is done safely and so long as the snow and/or
ice accumulations only remain in the public way momentarily while
being transported out of the public way.
[Amended 2-23-2021 by Ord. No. 2021-02[1]]
a.
No 1) sign, as defined in Section 30-3, 2) other object designed to attract the attention of the driver of a motor vehicle, or 3) other object which tends to obstruct the view of the driver of a motor vehicle, shall be placed upon any utility pole located in or within 25 feet of any public right-of-way or upon any of the following traffic islands:
b.
The foregoing prohibition relating to utility poles shall not include
any infrastructure installed by a utility company, nor shall it include
any sign or other object that is affixed by the owner and/or tenant
of the utility pole and provides identification and/or safety information
relating to the utility pole.
c.
In addition to any fines prescribed by this section, the Township
shall have the right, but not the obligation, to remove any signs
or other objects in violation of this section.
[Added 9-28-2021 by Ord. No. 2021-35[1]]
a.
The intent of this subsection is to require that certain infrastructure
adjoining Township rights-of-way, specifically mailboxes and basketball
equipment, are placed in such a manner that allows for efficient snow
and/or ice removal from and maintenance of Township rights-of-way.
b.
BASKETBALL EQUIPMENT
MAILBOX
MAILBOX POST
TOWNSHIP SNOW OPERATIONS
The following definitions shall be applicable to this section:
Shall mean equipment commonly associated with the sport of
basketball, including, but not limited to, posts, backboards, and
rims.
Shall mean a receptable that is placed along a right-of-way
that is used for the receipt of United States mail and/or newspapers.
Shall mean a vertical post that is utilized to install a
mailbox.
Shall mean work performed by the Township or its contractors
to perform snow and/or ice removal and any related maintenance operations.
c.
Any mailbox placed upon or adjacent to a Township right-of-way shall
be installed at a height of 41 inches to 45 inches from the road surface
to inside floor of the mailbox or point of mail entry (locked entries)
and shall be set back at least 10 inches from the front face of the
curb or road edge to the mailbox door.
d.
All basketball equipment shall be located at least 10 feet from the
edge of a Township right-of-way. In no event shall any basketball
equipment be located in a Township right-of-way. A property owner
shall be responsible for any damage incurred by the Township due to
the failure to locate basketball equipment in accordance with this
subsection.
e.
Notwithstanding the applicability of any immunities afforded to the Township of Holmdel pursuant to N.J.S.A. 59:1-1 et seq. or any other applicable law, the Township agrees to repair or replace a mailbox and/or mailbox post that is damaged due to Township snow operations, limited to the terms set forth in Subsection f, only if all of the following circumstances are present:
1.
Physical damage is caused by actual contact with equipment used by
Township snow operations, which damage and contact can be proven and
documented by property owner, and which shall not include physical
damage caused by snow or ice thrown, i.e., by shovel, during snow
removal operations;
2.
The mailbox and/or mailbox post is of standard design and placed
in conformance with this subsection; and
3.
The mailbox and/or mailbox post were in good condition and repair
prior to the alleged event causing damage.
f.
In the event of an entitlement to a repair or replacement of a mailbox under Subsection e, the Township will install a new green-treated post and/or stand black mailbox. If the property owner desires a nonstandard mailbox, the Township will reimburse the property owner up to $50 towards documented replacement material costs. If any damage exceeds $50, the property owner shall be responsible for any costs above the $50 approved reimbursement by the Township for materials only; no reimbursement for labor shall be given.
g.
The Township shall have no obligation to ensure that snow removal
operations are performed in a manner as to permit access to any mailbox.
It shall be the obligation of the property owner to remove any necessary
snow and/or ice to permit postal service access to the mailbox.
[Amended 2-23-2021 by Ord. No. 2021-02[1]]
Any person convicted of violating any of the terms or provisions
of this section shall be subject to a fine not to exceed $500. Each
and every day in which the owner or tenant shall refuse or neglect
to comply with the terms and provisions of this section shall constitute
a separate offense. The imposition and collection of any fine or penalty
prescribed by this section shall not bar the right of the Township
to collect the cost of the cutting of brush, hedges and other plant
life as hereinabove specified and all remedies shall be cumulative.
[Ord. No. 98-26 § I]
Any construction and/or installation on Township owned property
and/or within Township rights-of-way, including but not limited to
railroad tie walls, tree wells, ornamental walls, stanchions, gate
pillars, other structures, etc., is prohibited except as set forth
below.
[Ord. No. 98-26 § I]
The following shall be exceptions to the prohibitions set forth in subsection 17-3.1 above:
a.
Sprinkler/irrigation systems for the purpose of watering lawns and/or
landscaped areas (hereafter referred to as "installations") may be
installed on or within Township owned property and/or rights-of-way
under the following conditions:
1.
Any such installations shall be undertaken at the sole risk and expense
of the person making such installation and who, by taking such action,
shall be deemed to agree to indemnify and hold the Township, its officials,
agents, employees, boards, commissions and agencies (hereafter collectively
referred to as "Township") harmless from any and all liability or
expense resulting from or in any way relating to such installation.
2.
If, in the course of any Township use of such property or right-of-way,
the installation is required to be removed and/or is damaged, the
person making the installation or the person whose property is benefitted
thereby, shall remove the installation at the request of the Township,
or the Township may choose to do such removal. As a result of any
such removal and/or damage, the Township shall have no responsibility
to repair or reconstruct such installation, nor shall it have any
other liability resulting therefrom.
b.
Other construction, including but not limited to railroad tie walls, tree wells, ornamental walls, stanchions, gate pillars, other structures, etc., (hereafter referred to as "construction") may be constructed on Township property or within Township rights-of-way if, in the sole discretion of the Township, special circumstances exist warranting such permission. In order to seek such permission, any person proposing to undertake such construction shall submit a written request to the Township Administrator together with a nonrefundable review fee of $350. In the event the expense to the Township for engineering, legal or planning review paid to the Township's professionals exceeds the review fee, the applicant shall reimburse the Township for any deficiency. The written request must specifically detail the action proposed, including any and all reason such construction is impractical to be undertaken on property not owned by the Township. The Township Administrator shall review the request, may request additional information from the applicant, and, after seeking such advice from the Township Engineer, Township Attorney or other Township agencies, employees or professionals as the Township Administrator deems appropriate, shall present the request to the Township Committee together with a recommended action. The Township Committee shall, by written resolution and within the bounds of authority possessed by it, approve, disapprove, or approve with conditions the construction proposed. The application process provided herein is not one of right, the Township having no obligation to permit any such construction, but is adopted as an accommodation to those seeking permission to undertake such construction on Township owned property. No right of hearing before the Township Committee is hereby created. In the event such permission is granted, the conditions set forth in subsection 17-3.2a1 and 2 above shall apply.
[Ord. No. 98-26 § I]
[Ord. No. 95-29 § 66-1]
The Township has an extensive amount of sidewalks abutting its
streets and roads. Although it is desirable for these sidewalks to
be as safe as practical, the Township has neither the financial resources
nor the manpower necessary to inspect and maintain in good repair
all of the sidewalks within its borders.
Property owners as compared with the Township are in the better
position to inspect the sidewalks abutting their properties, determine
whether they are in need of repair, and make such repairs. This section
sets forth the responsibility of property owners to do so as compared
with the Township. It is not the purpose of this section to reverse
existing Township policy of periodic sidewalk replacement which program
shall continue without cost to individual homeowners.
[Ord. No. 95-29 § 66-2; Ord. No. 99-32 § I]
a.
Property owners and not the Township shall be responsible for repairing and maintaining sidewalks abutting the front and side of their property. The property owner shall not be responsible for repairing or maintaining sidewalks abutting the rear of their property. All sidewalk repair or maintenance shall comply with any and all requirements set forth in Chapter 30 Development Regulations. The cost of such repair or maintenance shall be borne by the abutting property owner.
b.
(Reserved)
[Ord. No. 95-29 § 66-3]
[Ord. No. 95-29 § 66-4]
[Added 9-10-2019 by Ord.
No. 2019-15]
Any owner or tenant of lands or premises abutting or bordering
on any public street in the Township shall remove all snow and ice
from the abutting sidewalks of such streets or, in the case of ice
which may be so frozen as to make removal impracticable, cause the
same to be thoroughly covered with sand, ashes, or any other traction-enhancing
product, within 12 hours of daylight after the same shall fall or
be formed thereon.
[1]
Editor's Note: Former subsection 17-4.5, Removal of Snow and
Ice by Property Owner, previously codified herein and containing portions
of Ordinance No. 95-29, was repealed in its entirety by Ordinance
No. 99-32.
[Added 9-10-2019 by Ord.
No. 2019-16]
Property owners shall keep all sidewalks adjoining public roadways on their property clear of piled brush and leaves, so as to not cause any public safety hazards, and shall further comply with all relevant provisions of the Township Brush and Leaf Collection Program, as set forth in § 2-34.2.
[Ord. No. 95-29 § 66-6]
Property owners shall keep all trees (except those administered
by the Shade Tree Committee), brush, hedges and other plant life and
vegetation pruned, cut and trimmed in order to prevent such trees
(except those administered by the Shade Tree Committee), brush, hedges
and other plant life and vegetation from overhanging within a height
of eight feet above the sidewalks abutting their property.
[Ord. No. 95-29 § II;
New]
Any person convicted of violating the terms or provisions of subsection 17-4.5 or subsection 17-4.6 shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Each and every day in which the property owner shall refuse or neglect to comply with the terms and provisions of subsection 17-4.5 and/or subsection 17-4.6 shall constitute a separate offense.
[Ord. No. 97-5 § I]
The Township Committee having been advised that it has the discretion
to service private roads within the Township if, in its opinion, such
service is necessary to protect the health, safety and welfare of
residents of the Township and if travel along such private roads is
sufficient to warrant such action, it is the purpose of this section
to set forth the policy, criteria and standards for such action.
[Ord. No. 97-5 § I]
It is the opinion of the Township Committee, as to the private roads listed in subsection 17-5.8, Schedule A,[1] that the expenditure for the service described in subsection 17-5.4 is warranted because:
a.
Travel along such roads is sufficient; and
b.
The health, safety and welfare of sufficient residents and members
of the public may be advanced.
[1]
Editor's Note: Schedule A, referred to herein, may be found
as an attachment to this chapter.
[Ord. No. 97-5 § I]
A road within the Township not dedicated to and accepted by the Township as a public road and which is not within the purview of the Municipal Services Act, N.J.S.A. 40:67-23.2 to 23.8, shall be eligible for service as described in subsection 17-5.4 by the Township provided:
a.
Users and/or owners of the road undertake periodic scraping to prevent
road conditions from deteriorating so that access by emergency and/or
Township equipment would be impeded or the equipment damaged.
b.
Users and/or owners of the road undertake trimming and removal of
branches or other obstructions which might impede or damage emergency
and/or Township equipment.
c.
There exists along the road four or more private single family homes
which use the private road exclusively for ingress and egress to a
public road.
d.
The homes referred to in paragraph c above are not located on lots:
1.
Which are adjacent to a public road, unless access to the public
road is unavailable by virtue of the existence of wetlands.
2.
Which adjoin a lot or lots in the same ownership which are adjacent
to a public road.
3.
From which there exists an easement of right-of-way from the home
to a public road.
[Ord. No. 97-5 § I]
The level of service to be given to the private roads set forth in subsection 17-5.8, Schedule A, shall generally consist of the following:
[Ord. No. 97-5 § I]
Nothing herein shall be deemed as effecting exclusive control in the Township over such roads as are listed in subsection 17-5.8, Schedule A. Others may undertake any action in maintaining, servicing and/or improving such private roads. The Township assumes no liability for any damage resulting from the servicing or use of such private roads whether such damage is to the road or to the adjoining property. The Township will cease all service activity relating to such private roads in the event that those with the legal right to exercise control over the private road forward written requests to the Township Clerk and a copy to the Department of Public Works that no further service activity is desired.
[Ord. No. 97-5 § I]
The discretion of the Township Committee exercised hereby is based upon current usage of the private roads listed in subsection 17-5.8, Schedule A. If usage shall decrease below the level warranting continued service, in the opinion of the Township Committee, such private roads may be deleted. If usage increases to a level which, in the opinion of the Township Committee, warrants dedication of the roadway to the Township, written notification shall be given to the owner(s) of such private road(s). If within 60 days thereafter the owner(s) shall not have granted such dedication as required by the Township, further service hereunder may cease and such private road(s) will thereafter be deleted from subsection 17-5.8, Schedule A.
[Ord. No. 97-5 § I]
Those choosing to use the private roads set forth in subsection 17-5.8, Schedule A, for any purpose whatsoever, shall do so at their own risk and the Township assumes no control or liability over such roads.
[Ord. No. 97-5 § I; Ord. No. 97-14 § I]
The roads or parts of roads described in Schedule A attached
to and made a part of this section shall be serviced by the Township
in accordance with the provisions of this section.
