[Ord. No. 62-152; Ord. No. 2015-1281 § 1]
It shall be unlawful for any person to make any opening or openings in any of the public right of way or easement, of the township whether paved or unpaved, except for the installation or replacement of utility poles in the ordinary course of business, without first having obtained from the township engineer a written permit for that purpose. An opening shall be considered as any disturbance of the existing area in a public right of way or easement which either repairs, replaces, restores or installs certain features within the area, such as but not limited to curb, sidewalk, driveway aprons, sanitary sewer laterals, and storm leader drains or culverts.
[Ord. No. 62-152; Ord. No. 87-507 § 1; Ord. No. 2015-1281 § 2]
Before any permit for the opening of any public right of way or easement, sidewalk, driveway apron, curb or gutter shall be issued by the township engineer, there shall be filed in his office by the applicant for such permit a plan showing the exact location of any or all openings proposed together with a statement giving detailed and complete information as to the character of the work proposed. The applicant shall state a time for the completion of the work which, in the opinion of the township engineer is reasonable. The application shall remain permanently on file in the office of the township engineer.
[Ord. No. 62-152; Ord. No. 2015-1281 § 3]
Any person making a cut in any public right of way or easement in the township under the authority of any permit which may be issued by the engineer shall backfill the trench with care, using such methods as the engineer may prescribe, and shall be responsible for the maintenance of such trench in a safe and smooth condition until the final repair is made. Failure to exercise such care and/or to maintain any trench in a safe condition at all times shall be sufficient reason for the engineer to refuse to issue any future permits to any person failing to completely fulfill the responsibility herein imposed.
[Ord. No. 62-152]
All paving disturbed or removed in the making of any opening in any public street or road within the township for any purpose whatsoever by any person shall be restored and replaced by the person making the opening under the supervision of the engineer and all work shall be done subject to the inspection and approval of the engineer and in accordance with such methods as he may prescribe.
[Ord. No. 62-152; Ord. No. 94-670 § 1; Ord. No. 2015-1281 § 4]
The engineer shall have authority to formulate rules and regulations which shall govern the methods and materials to be used in opening and restoring any public right of way or easement, sidewalk, driveway apron, curb or gutter in the township including the cutting and removal of paving over the trench, back-filling, restoration of the paving and any other details which in his judgment may be important elements in the making of proper repair. The engineer shall have authority to formulate rules and regulations which shall govern the times and circumstances during which the opening of newly constructed or reconstructed highways shall be permitted or prohibited.
[Ord. No. 62-152; Ord. No. 87-507 § 2]
Before any permit shall be issued, the township engineer may require the filing of a bond in such amount as, in the opinion of the engineer, shall be sufficient to insure the faithful and timely performance of the work to be undertaken pursuant to the permit issued. Such bond shall also be in form and with surety acceptable to the Township of Branchburg.
[Ord. No. 62-152]
Fees for permits hereunder to cover administrative and supervisory costs shall be in accordance with schedules to be enacted by resolution of the township committee. Whenever the charges fixed in the schedules then in force are not, in the judgment of the engineer, sufficient to cover the costs of administration and supervision of a particular job, the engineer shall certify such conditions to the township committee who shall fix such terms as will provide for proper fees.
[Ord. No. 62-152; New; Ord. No. 87-507 § 3]
All work shall be completed by the time stated in the application. If the work is not completed on or before said date, the township may complete the work, charging the cost to the permittee.
All streets, roads and miscellaneous structures such as storm water drains, manholes, inlets, catch basins, outlets, curb and headers, rubble walls, head walls and culverts, monuments, guard fence, pipe railing, street signs, and sidewalks shall be constructed and installed in accordance with design standards established in the subdivision and site plan ordinance of 1979 as the same may be amended.
[Ord. No. 2013-1226]
As used in this section:
- Shall mean a driveway, sidewalk or other means of pedestrian or vehicular access from private property to a township street.
- DRIVEWAY DRAINAGE FACILITY
- Shall mean any pipe, culvert, or other facility that is designed or used to carry water flowing in or on a Township street or an easement dedicated to the township under, on or over a driveway.
- Shall mean the owner of or other responsible party for a driveway drainage facility.
- Shall mean maintenance, repair, or reconstruction sufficient to bring a driveway drainage facility into compliance with the township engineer's current standards for maintenance, repair or reconstruction of driveway drainage facilities.
[Ord. No. 2013-1226; Ord. No. 2015-1281 § 5]
No person shall cause, assist in, contribute to or permit without the written approval of the township engineer:
The construction or placement of any natural or man-made structure or object of any kind, other than turf and materials necessary to grow and maintain turf, in, on, over or under any street right-of-way or easement owned by or dedicated to the township;
Any impediment of any kind, natural or man-made, to the free flow of water in, on, over or under any easement owned by or dedicated to the township as any type of drainage easement, including, not by way of limitation, those dedicated as "drainage easement", "storm drainage easement" and "storm sewer easement";
The construction or placement of any man-made structure or object of any kind in, on, over or under any easement owned by or dedicated to the township as a "conservation easement";
The rearrangement or alteration of the natural state of any easement owned by or dedicated to the township as a "conservation easement";
The construction or placement of any natural or man-made structure or object of any kind, other than turf and materials necessary to grow and maintain turf, in, on over or under any easement owned by or dedicated to the township as a "sewer easement".
[Ord. No. 2013-1226]
The repair of every driveway drainage facility shall be the responsibility of the owner.
[Ord. No. 2013-1226]
Any person who violates the provisions of this section upon conviction shall be penalized as follows:
For a first offense, or any offense at least one year after any previous offense, a fine of not less than $25 and not more than $500.
For a second or subsequent offense within one year of the previous offense, a fine of not less than $100 and not more than $1,500, and an additional fine as a repeat offender of $100, or imprisonment for not more than 90 days, or both;
Each day during which any violation shall continue shall be deemed a separate offense.
[Ord. #61-136; Ord. #84-454; New; Ord. #2005-985, SI; Ord. #2011-1171; Ord. #2011-1186]
The owner or tenant of lands abutting upon the public streets of the township shall remove from the paved part of any sidewalks and to the width of one foot out of any gutters in front of or bordering on their lands all snow and ice within 12 hours of daylight after the same shall fall or be formed thereon or within such larger time as the mayor may declare for a specific event.
Whenever the owner or tenant shall refuse or neglect to remove snow or ice as required by this section, the snow or ice may be removed under the direction of the Zoning Officer, and the cost of such removal shall be charged against such lands and shall become a lien upon the lands, to be collected and enforced by the same officers and in the same manner as taxes.
Any owner or tenant violating any of the provisions of this section shall, upon conviction, be liable for a fine of:
No person, firm or corporation, the owner, tenant or occupant of any premises abutting on any street, or any other persons shall throw, plow, place or deposit snow or ice into or upon the sidewalks or the paved portion of any street of the township, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow and ice which accumulates on private property upon the sidewalks or streets of the township.
[Ord. #78-339; Ord. #83-448]
There are within the township certain roads and streets which have been improved, but not completed, and are not accepted by the Township of Branchburg, and the public travel on such roads is often sufficient to warrant the removal of snow, ice and other obstructions. The removal of snow and ice therefrom would eliminate hazards to life, health and fire prevention to citizens of Branchburg living on or along such roads, and N.J.S.A. 40:67-23.1 authorizes such removal of snow, ice and other obstructions from such roads or streets.
The township shall maintain and provide for the removal of snow, ice and other obstructions from those unimproved roads or streets which have been dedicated to the township by the filing and approval of a subdivision map and which provide the only means of access to citizens occupying dwellings on or along such roads or streets when there is no other convenient means of access.
The removal of snow, ice and other obstructions from such dedicated but unaccepted roadways shall in no event constitute acceptance of the same nor shall removal relieve a developer or subdivider from his obligation to complete the improvements to such roads or streets.
Payment for this service shall be made by the developer or subdivider pursuant to the provisions of Chapter 18, the Land Subdivision and Site Plan Review Ordinance of the Township of Branchburg.
The cost for this service shall become a lien upon the lands of the developer or subdivider, and shall be added to and become and form a part of the taxes then next to be assessed and levied upon such lands, and shall be collected and enforced according to law.
[Ord. #93-663; Ord. #2009-1135]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 79- 343, 79-351, 82-430 and 93-663.
The township dumpster has been established to provide residents of Branchburg with a method of disposing of certain wastes and to supplement the services available throughout the township from various private contractors.
The director of public works is hereby authorized and directed to prepare regulations concerning the hours of operation; permitted and prohibited uses; issuance, reissuance and revocation of permits; fees; and all other aspects of the operation of the township dumpster. Such proposed regulations may be approved, modified or disapproved by the township committee. Regulations shall become effective only when adopted by resolution of the township committee. The director of public works may from time to time recommend to the township committee changes in the regulations. The township committee may from time to time, with or without recommendation of the director of public works, revise, amend or repeal any such regulations by resolution.
No person shall deposit anything in or at the township dumpster without having first obtained a permit from the township clerk's office.
No person shall deposit anything in or at the township dumpster except as permitted by regulations adopted pursuant to this section.
[Ord. #88-543; S1; Ord. #92-627; Ord. #92-628; Ord. #97-732; Ord. #99-809; Ord. #2004-965; Ord. #2008-1096]
The street names set forth below shall be changed as follows:
Unless the context clearly indicates otherwise, the meaning of terms used in this section shall be as follows:
- Shall mean the owner of the land on which a sidewalk is located or which abuts the sidewalk.
- Means maintenance, repair, or reconstruction sufficient to bring a sidewalk into compliance with the township engineer's current standards for maintenance, repair or reconstruction of existing sidewalks.
- Shall mean any sidewalk, or part thereof, whether constructed of concrete or other material, which is open to the public.
The repair of every sidewalk shall be the responsibility of the owner.