[Ord. #88-16]
a.
Definition. "Street" shall mean any road, highway, public way, public
alley, easement or other right of way accepted or maintained by the
township as a public street, as well as any state or county road or
highway over which the township has acquired jurisdiction by agreement,
and for the maintenance of which the township is responsible.
b.
Permit required. No person shall place materials of any description,
structures, vehicles, equipment or other items of any nature for storage
upon or along any street without first obtaining a permit from the
supervisor of roads. No permit shall be issued except on the conditions
set forth in this subsection.
c.
Regulations and conditions for issuance of a permit.
1.
A permit for temporary storage of materials may be issued for a brief
period of time as may be reasonably required in the judgment of the
township road supervisor.
2.
Application for a permit shall describe the materials in detail,
including quantity, weight or other dimensions and particulars.
3.
Any materials stored or placed on any road or street shall be adequately
protected, safeguarded and lighted at all times in such manner as
may be directed by the road supervisor. Appropriate notice of storage
or placement shall be given to the traveling public on signs or in
such manner as the road supervisor designates. The permittee shall
be responsible for the erection and removal of any barriers, signs
or other structures involved in protecting the materials in warning
the public of their presence.
4.
The permittee shall indemnify and hold harmless the township, its
officers, agents and employees from any claims or actions, expense
or damage of injuries resulting in any manner from the storage or
placement of materials pursuant to this section.
5.
No materials shall be stored on any road or street so as to permit
less than 18 feet of way open to travel by the public.
6.
No materials, structures or equipment shall be placed at any time
and in any manner so as to interfere with or divert the flow of water
along any street, road or gutter.
7.
Application for a permit shall be submitted to the road supervisor
and shall be accompanied by a fee of $100. In addition, a cash deposit
of $300 shall be submitted to be used for inspection fees, professional
review fees, and to guarantee the proper restoration. In addition,
at the discretion of the road supervisor or township engineer, a surety
bond, letter of credit or other contractual guarantee for the restoration
and of the roadway and surrounding area may be required if deemed
necessary. The bond, letter of credit or contractual guarantee, if
required, shall be approved as to form by the township attorney and
township engineer.
The following shall be absolutely prohibited.
a.
Disturbing or tearing up of any municipal roads or streets in the
township by locking the wheels of any vehicle or attaching a drag
or other mechanism to the same likely to cause injury to the road.
b.
Filling gutters along any municipal road or street in the township
by dirt, fill, earth, snow, ice, or other materials, irrespective
of the manner or distance by which the dirt, fill, earth or other
materials travel before reaching the municipal road.
c.
Obstruction or damage to any municipal road in the township by the
spilling, filling, flowing or throwing of stones, dirt, earth, snow,
ice or other materials.
d.
Diversion of surface and other waters to and upon municipal roads
of the township drains, gutters and culverts.
[Ord. #88-16; Ord. #2003-18; Ord. #2005-14]
a.
All applications for a driveway access permit shall be accompanied
by a certified survey prepared and sealed by a New Jersey licensed
engineer or surveyor containing the following details:
1.
Driveway location and dimensions;
2.
All existing features shall be shown at a scale of one inch equals
50 feet or larger;
3.
Driveway slope per 100 feet sustained;
4.
Centerline profile if grade exceeds 8% at any point along entire
driveway; and
5.
Sight distance for all driveway egress points designed in accordance
with subsection 19-2b.5.
b.
Driveways shall conform to the following standards:
1.
|
Uses
|
Width
|
Max. Grade
|
|---|---|---|
|
Single family res.
|
12'-15'
|
15%
|
|
Commercial & Ind.
|
30'-36'
|
12%
|
2.
All driveways shall be paved for a minimum of the first 50 feet from
the street pavement edge, in accordance with the following specifications:
4.
The side slopes of driveways shall be topsoiled, seeded, fertilized
and mulched to prevent erosion. In addition retaining walls and guiderails
may be required by the construction official.
5.
The sight distance shall be taken 3 1/2 feet above a point in
the centerline of the proposed driveway, 10 feet from the edge of
the road, to a point 3 1/2 feet above the centerline of the approaching
lane. There shall be a one foot sight clearance between the sight
line and finished grade. All necessary grading and removal of vegetation
within the sight triangle shall be indicated on plans to conform with
the following criteria:
|
Design Speed of Road
|
Required Sight Distance
|
|---|---|
|
20 mph
|
120 feet
|
|
25 mph
|
150 feet
|
|
30 mph
|
200 feet
|
|
35 mph
|
250 feet
|
|
40 mph
|
325 feet
|
|
50 mph
|
475 feet
|
6.
Driveway shall enter roadways at right angles.
7.
All driveways shall provide for an on-site turnaround area which
measures 20 feet by 20 feet and is separated from the area adjacent
to the house.
c.
No driveway entrance or exit shall be located within 25 feet of the
corner of intersecting roads.
d.
Driveway crossdrains shall be installed where any driveway crosses
a drainage ditch or easement. Crossdrains shall be reinforced concrete
pipe not less than 15 inches in diameter or of a size as required
by the township engineer, installed and approved prior to the issuance
of a certificate of occupancy.
e.
All driveways shall be designed in accordance with the preceding
criteria. Any deviation must be approved by the township engineer
or the land use board as the case may be.
f.
(Reserved)
g.
A driveway access permit application accompanied by the required
fee shall be submitted to the construction official before work begins.
h.
Driveway access permit fee shall be $50. In addition, if required
by the township construction official or the land use board, the applicant
shall put a cash deposit, performance bond and/or other contractual
guarantee for the restoration of the township streets, shoulders and
slopes. In addition, if required by the township construction official
or land use board, a cash deposit for inspection fees and professional
review fees, if deemed necessary in the particular case, shall be
posted in an amount up to $500.
i.
Unless otherwise required herein, parking areas shall be paved with
shale, stone or like material for a minimum depth of four inches.
j.
Any driveway entrance which crosses a drainage ditch or drainage
easement shall have reinforced concrete pipe not less than 15 inches
in diameter or of a size as determined by the township engineer installed
and approved prior to the issuance of a certificate of occupancy.
Approval shall be by the construction official or township engineer.
k.
Following driveway construction, a New Jersey licensed engineer or
land surveyor shall submit an "as-built" driveway plan certifying
and showing the following information:
l.
No more than two single family residential lots may be assessed via
a single common driveway egress point. A common driveway shall be
constructed to the following standards:
1.
The width shall be 20 feet;
2.
The maximum grade shall be in accordance with subsection 19-2b.1;
3.
That portion of the driveway common to both lots shall be paved for
its entire length;
4.
A common driveway shall be constructed with Dense Graded Aggregate
base course, four inches thick, and Hot Mix Asphalt, two inches thick,
Mix 1-5.
[Ord. #88-16]
No person shall construct any road, street curb or other structure
intersecting with or entering upon any municipal road or street, without
first submitting in writing to the township road supervisor and township
clerk of the intent to commence construction at least 72 hours in
advance of when construction is to be commenced.
No person shall place any earth, dirt, stones or other materials
or articles upon any road or part thereof, and no person shall do
or cause to be done any act, including the construction of buildings,
private roads, grading, landscaping or otherwise, which cause or results
in the accumulation of dirt, silt, earth or other materials upon any
road, stormwater drain, gutter or culvert.
[Ord. #88-16]
No person shall make any excavation in, open or tear up the
surface of any road or street in the township without having obtained
a written permit from the township administrator.
Any person desiring to tear up, open or make an excavation in
any road shall submit an application for a permit together with detailed
plans indicating and describing the work to be performed, the estimated
length of time required to perform the same and the estimated cost.
Applications shall be accompanied by a fee for the road opening
in the amount of $100 and for the crossing of a road $200.
The township administrator shall require, in addition to the fee required for a permit, a cash option, a bond or letter of credit in an amount recommended by the township engineer. The applicant shall also sign a written contract agreeing to make prompt and satisfactory restoration and repair of the road or street opened or excavated and agreeing to indemnify and hold the township harmless as set forth in subsection 19-4.4m. Applicant shall also file a certificate evidencing liability insurance as set forth in the following section in a minimum amount of $1 million. In addition, the permittee shall post a cash deposit for inspection and professional review fees in the sum of $300.
Permits for excavations in roads or streets shall be granted
only upon the following conditions:
a.
All excavations shall be properly guarded by the permittee by erecting
a suitable barrier, notices of the excavation by day, sufficient and
suitable lights at night and such other reasonable structure notice
as the township administrator prescribes.
b.
If any excavation extends the full width of the road, only 1/2 of
the road shall be excavated at one time and that half shall be backfilled
before the remaining is excavated in order that public travel over
the road may remain open at all times.
c.
All excavation and backfilling shall be made within the time prescribed
in the permit.
d.
A permittee shall restore the pavement of surface of any road or
street in which an excavation has occurred to the same condition and
in the same manner as existed prior to the excavation.
e.
The money deposited by a permittee for the restoration of the pavement
except for the fee will be returned upon satisfactory completion of
the repair and restoration of the pavement excavated after all expenses
incurred by the township for inspection and professional review fees
have been paid by the applicant. If a permittee fails to restore the
pavement in a satisfactory manner and within the time specified in
the permit, the township committee or administrator shall arrange
to restore the pavement and charge the cost against the deposit made
by the permittee. If the deposit is not sufficient to pay the cost
of restoration and repair, the permittee shall immediately pay the
difference upon demand. Failure of the permittee to restore the pavement
in a satisfactory manner within the time specified in the permit shall
be a violation of this section and shall subject the permittee to
appropriate penalties in addition to any other remedy available to
the township.
f.
When it becomes necessary to open the paved section of any road,
the opening shall not be less than two feet wide nor more than three
feet at the top, nor shall any opening be less than three feet square
and the sides of the opening shall be perpendicular at the top and
converge toward the bottom so that the width at the bottom shall be
less but not greater than the width at the surface of the pavement.
g.
Tunneling shall not be permitted under any circumstances and shall
be an unlawful exercise of the privilege under any permit and a violation
of the terms thereof.
h.
Whenever possible the permittee shall make the necessary excavation
on either side of the pavement in order to make his connection rather
than to excavate the pavement proper. In order to reach a main on
the opposite side, he shall drive a pipe from one excavation to the
other so as not to disturb the pavement.
i.
The permittee shall backfill the excavation within the time specified
in the permit and if not done within that time, no extension having
been obtained, he shall be in violation of this section. The material
for backfill shall be bank run gravel or earth and crushed stone or
crushed gravel in even quantities. No stone larger than six inches
in diameter and no shale rock shall be used. No more than six inches
of material shall be backfilled at one time and the same shall be
moistened and tamped until thoroughly compacted. All excess material
shall be removed from the roadway.
j.
Whenever an opening discloses the fact that there is not sufficient
covering to prevent the freezing of the water, gas or sewer pipe,
they shall be lowered to no less than four feet from the surface of
the pavement at the expense of the owner.
k.
All work to be done in any excavation or opening of any road or street
shall be subject to supervision by the township engineer or his duly
authorized representative.
l.
All expenses of excavating or opening any road or street or backfilling
the same or any portion thereof, shall be at the sole expense and
liability of the permittee and neither the township nor any of its
officers, agents or employees shall in any manner or to any extent
be responsible or liable for any part thereof.
m.
Any opening or excavation in, on or under any road or street for
which a permit is granted by the township shall be performed on the
sole liability of the permittee and the township shall not be liable
to any person or party injured or damages as a result. The permittee
shall agree by written contract approved as to form by the township
attorney from any cost or expense incurred as a result of any claim
for damage or injury suffered by any person as a result of any excavation
or opening in any road or street and forming the subject matter of
any permit. No permit shall be issued unless and until the permittee
submits evidence of insurance coverage sufficient to cover any such
liability, which insurance shall reasonably extend to the township.
This provision may be waived in the case of a self-insurer by a written
agreement to indemnify and hold the township harmless.
Any excavation or opening made in any road or street shall be
subject at all times to all laws of the United States, to the State
of New Jersey, and any other appropriate regulation adopted by township
or any other governmental body having lawful jurisdiction to impose
any such law or regulation governing the use of streets or roads.
If a permittee violates the conditions of its permit or otherwise
fails to restore any road or street in the manner required by this
section, the township shall be required to make the restoration at
its own cost and expenses. A certificate of the reasonable cost and
expense of effecting the restoration shall be prepared, either by
the supervisor of roads or the township engineer, and upon being certified
to by either, the certificate of cost shall be final and conclusive
as to the amount, and the amount shall thereafter be immediately due
and payable by the permittee upon presentation of the certificate.
A permittee shall promptly notify the township administrator
or the road supervisor, or any agent or representative duly authorized
by either, upon the completion of restoration of the road or street
following any opening or excavation. Upon the approval or certification
in writing by the administrator or road supervisor, the permittee
shall be entitled to the refund of any unused deposit or to the cancellation
of any bond or guarantee posted by him. However, the permittee shall
reimburse the township for all expenses incurred for inspection, professional
review and otherwise.
[Ord. #88-16]
Any person, firm or corporation violating any provision of this Chapter shall, upon conviction, be liable to the penalties set forth in Chapter 3 of the General Ordinances of Wantage Township.
