Township of Millstone, NJ
Monmouth County
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Table of Contents
Table of Contents
[1971 Code § 48-1; Ord. 3-1-71]
As used in this section:
ROAD
Shall mean any street, avenue, boulevard, lane, parkway, viaduct, alley or other way which is an existing State, County or municipal roadway.
[1971 Code § 48-2; Ord. 3-1-71; Ord. 6-12-73; Ord. 7-2-73; Ord. 4-3-78]
a. 
That map prepared by Thomas W. Birdsall, a licensed engineer of the State of New Jersey entitled, "Road Naming Map, Millstone Township, Monmouth County, New Jersey," [scale one inch equals 1,000 feet], dated January 4, 1971, is to be recognized as the road naming map of the Township of Millstone.
b. 
Amendments.[1]
1. 
That forty-foot wide roadway perpendicular to Carrs Tavern Road located approximately 1,311 feet south of the intersection of Carrs Tavern Road and Paint Island Spring Road and more particularly illustrated on a survey map entitled "Survey of Property of Fillmore Ivins Located in Millstone Township, Monmouth County, New Jersey, Surveyed by Raymond S. Smith, C.E. and Land Surveyor, Freehold, New Jersey," and attached to this ordinance and incorporated herein by reference shall be and is hereafter established as a public street of the Township to be known as Ivins Lane.
2. 
That forty-foot wide roadway perpendicular to the aforesaid Ivins Lane and located approximately 420 feet east of the intersection of Carrs Tavern Road and Ivins Lane and more particularly illustrated on a survey map entitled "Survey of Property of Fillmore Ivins Located in Millstone Township, Monmouth County, New Jersey, Surveyed by Raymond S. Smith, C.E. and Land Surveyor, Freehold, New Jersey," and attached hereto and incorporated herein shall be and is hereafter established as a public street of the Township to be known as Fillmore Road.
3. 
That road known as Road No. 50 and variously called the Clarksburg-Robbinsville Road and also Mitchell Road be and the same is hereby vacated from its point of intersection with Monmouth County Route No. 41 to its point of terminus at Old York Road.
4. 
That road known as Road No. 5 and also known from time to time as Sharon Station East Road and also Parkside Way be and the same is hereby vacated from its intersection with the northerly point of the acquisition line of the Assunpink Project referred to above until the terminus of the aforesaid road with the boundary of Upper Freehold Township.
5. 
That road known as Road No. 2 be and the same is hereby vacated from the northerly point of the acquisition of the Assunpink Project to its point of intersection with the boundary of Upper Freehold Township.
6. 
That road leading from Yellow Meeting House Road and running northwesterly to the Upper Freehold Township Boundary adjacent to Interstate Highway No. 195 shall be known as Chambers Road.
[1]
Editor's Note: Amendments are on file in the Township Clerk's Office.
[1971 Code § 48-3; Ord. 3-1-71]
All roads throughout the Township as depicted on the map shall hereafter be known and designated by the respective names as they appear on the map.
[1971 Code § 48-4; Ord. 3-1-71]
Copies of the map shall be certified to by the Township Clerk and by the Township Engineer pursuant to this section and that certified copy shall be on file with the County Clerk, Township Clerk, and the Township Engineer.
[1971 Code § 48-5; Ord. 3-1-71]
The governing body of the Township may provide by resolution for any distribution or sale of the map.
[1971 Code § 48-6; Ord. No. 3-1-71]
The road naming map of the Township shall be amended by ordinance and in accordance with subsection 20-1.3 of this section.
[1971 Code § 48-7; Ord. 3-1-71]
No part of this section is to be construed as relating to N.J.S.A. 40:55D-1 et seq., but rather, this section is designated pursuant to N.J.S.A. 40:67-1 et seq.
[1]
Editor's Note: Prior ordinance history includes portions of 1971 Code §§ 41-1 — 41-3 and Ordinance 4-28-71 and 03-33.
[Ord. No. 06-20, § 2]
No person, company, firm or corporation shall remove, excavate, dig or in any way disturb the surface of any street right-of-way for any purpose without first obtaining a written permit from the Township Engineer.
[Ord. No. 06-20, § 2]
Permit application forms shall be obtained from the Township Engineer or Township Clerk. The completed application form must contain a clear and definite description of the location together with the approximate size of the opening to be made. The application shall be accompanied by a sketch which will clearly show the location of the proposed opening, with application fee, performance bond and certificate of insurance. Upon review of the application package, the Township Engineer may request additional information reasonably necessary for him/her and make a determination on the application.
[Ord. No. 06-20, § 2]
The work on any opening to be made under the permit provided for in this section shall be commenced within 20 days from the date of the permit and the work prosecuted with due diligence until its completion. If for any reason the work is not commenced within the period of 20 days, the permit shall be void unless within such period of 20 days the applicant shall present the permit to the Township Engineer with information relating to the delay. The Township Engineer shall thereupon either return 50% of the application fee and the permit shall be void or extend the time for the beginning of the work for another period of 20 days. Any such extension shall be endorsed on the permit.
[Ord. No. 06-20, § 2]
The applicant shall pay the Township Clerk before any permit is granted the sum of $200 for each and every proposed opening of not more than 100 square feet in area. An additional payment of $25 will be required for each additional area of 100 square feet or fraction thereof. This amount shall be retained by the Township as compensation for engineering services under this section. In addition to this payment the applicant shall be required to post a performance security in the form of a bond or deposit a certified check of $1,000 with the Township Clerk for each 100 square feet or portion thereof to insure the proper restoration of the road surface. The applicant shall completely backfill the area, tamp and resurface the street for approval by the Township Engineer. After final approval of the restoration by the Township Engineer, the performance security will be returned to the applicant.
[Ord. No. 06-20, § 2]
In case of an emergency, an emergency permit may be issued by the Township Engineer, Township Clerk or the Police after which an application for a permit, as hereinbefore required, shall be made to the Township Engineer, within 48 hours after the work has been commenced.
[Ord. No. 06-20, § 2]
All excavation, backfilling and compaction shall be according to Section 207 of 2001 New Jersey Department of Transportation Standard Specifications (NJDOTSS) for Road and Bridge Construction.
The permittee shall immediately backfill the opening to an elevation of 12 inches below the permanent surface, install thoroughly compacted six inches of Dense Graded Aggregate or Soil Aggregate base course, as set forth in the NJDOTSS Section 301 and install no less than six inches of hot mix asphalt base course, Mix 1-2, as set forth in the NJDOT Standard Specifications for Road and Bridge, to the trench surface. If the distance from the edge of the excavation work area to the existing curb or edge of pavement is less than two feet, then the permittee shall be required to excavate to the curb or edge of pavement and evenly install six inches of hot mix asphalt base course in the entire area.
The partially restored pavement shall be allowed to settle for no less than 90 and no more than 180 days. If at any time during the settlement period, the trench settles 1.5 inches or more, the permittee shall be notified of the condition requiring repair, and such repair shall be performed within 24 hours of such notification by the Township Engineer. If the repair is not made in the time specified, the Township may make the repair and any cost thereof will be charged against the performance security.
At the end of the period of time of settlement required by the Engineer, the permittee shall be required to mill the excavation work area surface to a width equal to one foot wider on each side of the initial repair and install no less than two inches of hot mix asphalt surface course, Mix 1-5 as set forth in the NJDOT Standard Specifications for Roads and Bridges. The permittee shall also be required to provide a tack coat on all existing bituminous and concrete surfaces and hot poured, rubber asphalt joint sealer, as set forth in Section 908 of NJDOT Standard Specifications for Roads and Bridges.
The patched areas of newly paved roadways, as defined in subsection 20-2.10 shall be restored by an "infrared" pavement restoration process or other methods as required by the Engineer.
Any excavation less than 100 square feet shall require milling and restoration of the excavation work area extending a minimum of one foot beyond the edge of excavation to the nearest curb or edge of pavement. Any excavation equal to or greater than 100 square feet shall require milling and restoration of the excavation work area extending from the center line of road to the curb or edge of pavement and extending a minimum of one foot beyond the outer edge of the excavation. If the excavation work area will be within 200 feet or less of previous excavation occurring within one year of the subject excavation (by same permittee along the same side of the road), the permittee shall be required to mill and restore the roadway between the outermost excavations.
The permittee shall be required to replace any facilities including, but not limited to, curb, lawn, pavement, sidewalk, line stripping, etc., that is affected by the excavation and restoration work. Such work shall be performed at the permittee's expense.
[Ord. No. 06-20, § 2]
The excavation and all piles of excavated materials or any material used in the work to be performed in the opening for which a permit is issued shall be carefully guarded and lighted by the applicant who shall be liable for damages caused by the prosecution of the work or failure to properly guard or maintain the same.
[Ord. No. 06-20, § 2]
a. 
If the aggregate performance security 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 a single performance surety may be posted in the form of a surety bond. 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 $50,000 unless based on anticipated future permits to be requested or past history, the Township Engineer recommends a lesser amount. 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, or issued by a regulated public utility;
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 conditions to fill up, restore and place in good and safe condition as near as may be to its original condition and to the reasonable satisfaction of the Township Engineer all openings and excavations made in streets.
b. 
For anyone filing a performance security under paragraph a above, future road opening permits will be denied until unsatisfactory restoration, of which the entity has been notified in writing, have been corrected.
c. 
In the event of more than two unsatisfactory restorations in a year, of which the entity has been notified in writing, all future road opening permits shall be denied until either a third party surety bond issued by a company authorized to issue surety bonds in the State of New Jersey, or a Letter of Credit has been posted in the amount of $50,000.
[Ord. No. 06-20, § 2]
By the making of an application for a permit hereunder, the permittee agrees to indemnify and save harmless the Township of Millstone, its offices, agents and servants from and against any loss, injury or damage resulting from any cause whatsoever, relating in any way to the work covered by the permit. The permittee shall file with the Township Clerk a certificate of insurance in amounts to be determined by the Township Engineer in accordance with the practice of the trade naming the Township of Millstone as a name insured, which coverage shall run to the benefit of the Township offices, agents and servants.
[Ord. No. 06-20, § 2]
When the Township, person or entity improves or paves any public street or highway the Township shall first give notice to all persons owning property abutting the street about to be paved or improved, and to all public utilities and authorities operating in the Township, and all such persons, utilities and authorities shall make all connections as well as any repairs thereto which would necessitate excavation of the street within 60 days of the giving of such notice. The time shall be extended if permission is requested in writing and approved by the Township Engineer.
The Township Engineer shall issue no street opening permit to any person giving notice under this section or their assignees or successors which would allow an excavation or opening in paved and improved street surface less than five years old unless the applicant can clearly demonstrate that public health or safety requires that the proposed work be permitted or unless an emergency condition exists. The Township Engineer shall make a recommendation to the Township Committee as to whether such permit should be issued. The Township Committee shall take action by resolution to grant or deny said permit. There shall be no right to a public hearing on such a request.
Upon approval of the Township Committee, a permit can also be issued to open any paved or improved street surface less than five years old provided that a penalty charge shall be made for such opening, except that the penalty fee shall be waived by the Township Committee, in the event the work is of an emergency nature. The penalty charge if required by the Township Committee shall be on a sliding scale determined as follows:
a. 
Penalty assessment = $1,000.
b. 
Area of road cut in square feet x $5 = Varies
Total of a and b = Varies
The actual penalty shall be 2% of the above total for each unelapsed month or fraction thereof of the five year (sixty-month) restricted period. Maximum penalty shall be $2,500 and minimum penalty shall be $500. Permit fees are payable in addition to the penalty charges set forth herein. No portion of the penalty charge shall be refundable and penalty charges do not relieve the permit holder from the required performance security or the required certificate of insurance.
[Ord. No. 06-20, § 2]
For the violation of the provisions herein contained, the permit may be revoked and the excavation or opening may be filled by the Township and the street restored at the cost and expense of the permittee.
Any person violating any of the provisions of this section shall be liable to the penalty stated in Chapter 1, Section 1-5.
[1971 Code § 45-4; Ord. 6-5-78]
a. 
No person shall place any material on or along any Township road, gutter or shoulder resulting in any stoppage of drainage along the road or roads.
b. 
No person shall obstruct or damage any Township road or road surface by spilling or throwing stones, dirt or other materials thereon.
c. 
No person shall divert or pump surface or other waters onto or across Township roads or do any act upon property abutting Township roads resulting in the flow or spill of water from the property across the Township roads.
d. 
No person shall dump or push snow onto a Township road that in any way causes or results in damage to the road or road surface or to the traveling public or causes or results in obstructing or delaying the movement or flow of traffic.
[1971 Code § 45-5; Ord. No. 6-5-78]
Any person violating any of the provisions of this section shall be liable to the penalty stated in Chapter 1, Section 1-5, and each day that any of the provisions of this section shall be violated shall constitute a separate offense.
[1971 Code § 45-1]
It shall be unlawful for any person, their agents, servants or employees to drive upon or operate or cause to be driven upon or operated on any Township streets or any portion or portions thereof any motor vehicles, tractors, or machinery or equipment which is or which may be mechanically operated or drawn, unless each and every such motor vehicle, tractor or mechanically operated or drawn machinery and equipment shall be equipped with rubber tire wheels or metal or wooden wheels with sufficient width and smoothness or such other device and devices as shall prevent any damage being done to any part of the streets by reason of the motor vehicle, tractor or mechanically drawn or operated machinery or equipment using the streets or any portion or portions thereof.
[1971 Code § 45-2]
It shall be unlawful for any person, their agents, servants or employees to use or cause to be used any portion or portions of any of the Township streets as a head land or for turning around of or crossing over by any motor vehicle, tractor or machinery or equipment being used in connection with farming operations on land adjacent to any Township street in such a manner so as to cause damage to any portion or portions of the streets by reason thereof.
[1971 Code, § 45-3]
Any person violating any of the provisions of this section shall be liable to the penalty stated in Chapter 1, Section 1-5.
[1971 Code § 31-1; Ord. 12-1-75; New; Ord. No. 03-39, § V; Ord. No. 05-24, § I]
a. 
All driveway openings into public streets shall be built to lines and grades first approved by the Township Engineer.
b. 
Driveways shall not be less than 12 feet in width.
c. 
In new construction, if the driveway has not been constructed with a hard surface, the first 10 feet shall be constructed with a concrete or bituminous apron.
[1971 Code § 31-2; Ord. 12-1-75; Ord. No. 03-39, § V]
The owner of premises containing any driveway shall maintain such driveway at all times so as to prevent any water accumulation thereon and the washing out or runoff of any driveway materials, such as but not limited to stone, sand, gravel or dirt, onto any Township property or any street.
[1971 Code § 31-3; Ord. 12-1-75; Ord. No. 03-39, § V]
In case any driveway shall become out of repair causing the conditions described in subsection 20-5.2, the owner or occupant of lands upon which the driveway exists shall, upon receipt of a notice from the Township Engineer, repair or cause the same to be repaired and corrected as set forth in the written notice, and shall further correct any damage to the Township road and remove any materials that have washed onto the street.
[1971 Code § 31-4; Ord. 12-1-75]
Any person violating any provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 92-05 § I]
The Township Committee having been advised that it has the discretion to maintain private roads within the Township if, in its opinion, such maintenance 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. 92-05 § I]
It is the opinion of the Township Committee, as to the private roads listed in Section 20-6.9, Schedule A, that the expenditure for the maintenance described in Section 20-6.4 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.
[Ord. No. 92-05, § I]
A road within the Township not dedicated to and accepted by the Township as a public road, shall be eligible for maintenance as described in Section 20-6.4 by the Township provided:
a. 
Such road has heretofore been maintained by the Township on a somewhat regular basis for at least 10 years.
b. 
There exists along the road two or more private single family homes which use the private road exclusively for ingress and egress to a public road.
c. 
The homes referred to in paragraph b 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 or right-of-way from the home to a public road.
d. 
The private road is designated in Section 20-6.9, Schedule A.
[Ord. No. 92-05, § I]
The level of maintenance to be given to the private roads set forth in Section 20-6.9, Schedule A, shall be consistent with that level of maintenance previously provided by the Township; however, such maintenance will generally consist of the following:
a. 
Periodic scraping to prevent road conditions from deteriorating so that access by emergency equipment would be impeded or the equipment damaged.
b. 
Snow plowing.
c. 
Trimming and removal of branches or other obstructions which might impede or damage emergency equipment.
d. 
Such other measures as the Department of Public Works deems reasonable and necessary.
[Ord. No. 92-05, § I]
To the extent revealed by the Municipal tax records, those serviced by and/or owning the private road proposed to be listed in Section 20-6.9, Schedule A, shall be notified in writing at least 14 days prior to the proposed passage of this section. If a majority of those serviced by or owning the road register their written objection with the Township Clerk to the private road being included in Section 20-6.9, Schedule A, the private road will not be so included until a majority of such users or owners subsequently so request.
[Ord. No. 92-05, § I]
Nothing herein shall be deemed as effecting exclusive control in the Township over such private roads as are listed in Section 20-6.9, Schedule A. Others may undertake an action in maintaining and/or improving such private roads. The Township assumes no liability for any injury or damage resulting from the use of such private roads. The Township will cease all maintenance 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 maintenance activity is desired.
[Ord. No. 92-05, § I]
The discretion of the Township Committee exercised hereby is based upon current usage of the private roads listed in Section 20-6.9, Schedule A. If usage shall decrease below the level warranting continued maintenance, 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 maintenance hereunder may cease and such private road(s) will thereafter be deleted from Section 20-6.9, Schedule A.
[Ord. No. 92-05, § I]
Those choosing to use the private roads set forth in Section 20-6.9, Schedule A, for any purpose whatsoever, shall do so at their own risk.
[Ord. No. 92-05, § I]
The roads or parts of roads described in Schedule A attached to and made a part of this section shall be maintained by the Township in accordance with the provisions of this section.
SCHEDULE A
MAINTENANCE OF PRIVATE ROADS
In accordance with the provisions of Section 20-6 the following roads or parts of roads shall be maintained by the Township in accordance with the provision of the aforementioned Section:
Name of Road
Location
Lost Road
Entire length from Sweetmans Lane
Fox Valley Road
Entire length from Millstone Road