No person shall make any excavation in, or tear up the surface of, or jack or drill under, any road or street in the township for any purpose whatever without first obtaining a permit from the superintendent of public works, or his designee.
Application shall be made in writing for the permit to excavate or tear up the surface or jack or drill under any township street. The application is to state the purpose of such excavation and be accompanied by a location sketch.
[Ord. #404; Ord. #589-81]
Before any permit shall be issued, a payment or deposit as provided in Chapter 10, subsection 10-10.3, shall be made to the superintendent of public works, or such other person as may from time to time be designated by resolution of the township committee. All money so paid or deposited shall be promptly paid to the township treasurer to be by him deposited in the name of the township and held for the purpose hereinafter provided.
The permittee shall properly guard the excavation by the erection of suitable barriers by day and lights by night, and the permittee shall be liable for any neglect to the safeguard of the traveling public. Trenches cut the full width of the road may only be opened 1/2 of the width at a time.
The permittee shall be required to restore the opening in the same condition existing before such opening as directed by the superintendent of public works.
Tunneling shall not be permitted under any circumstances and shall be an unlawful exercise of the privilege under any such permit and a violation thereof, but this shall not be construed as preventing jacking or drilling when proper permits shall have been secured.
Material removed from the opening shall be so placed not to interfere with street drainage. Not more than 200 feet of trench may be opened at any one time. All openings must be closed within the time specified in the permit unless an extension of time is granted.
[Ord. #404; Ord. #589-81]
Upon the completion of the fill and the restoration of the pavement and its approval by the superintendent of public works, the money paid or deposited, shall be refunded to the applicant. Should the applicant fail to properly fill and replace the pavement to the satisfaction of the superintendent of public works, the township may replace the pavement and charge the cost thereof against the deposit and upon the completion thereof pay the surplus, if any, less a reinspection penalty if required.
In case of public utility openings the township committee may accept a bond from such utility in such form and in such amounts as may be approved. Each and every opening, however, must be treated separately and shall require a separate permit. The bond shall be to guarantee proper restoration of the street on the part of the obligor.
The permittee shall follow all rules, regulations and ordinances governing road openings and the permit is given with the distinct understanding that it shall be binding the same as though these instructions were fully set forth in the permit.
The permittee shall be released from further obligation when the superintendent of public works shall certify to the township committee that such restoration has been completed and the township committee shall have approved the same.
Any person, making any excavation in or tearing up the surface of or jacking or drilling under any township street without having first secured a permit as provided herein shall be guilty of violation of this chapter.
Any person, failing to properly guard any excavation as herein provided, placing materials removed from an excavation so as to interfere with street draining, opening a trench the full width of any street or more than 200 lineal feet at any one time, shall be guilty of a violation of this chapter.
No person shall construct a driveway entrance, or cut, alter or remove a curb, or part thereof, from, to, in or along any public street or right-of-way in the township without first having obtained a permit to do so pursuant to the provisions of this section, and then only in accordance with and during the life of such permit.
Application for such permit shall be made in writing, and shall be accompanied by a fee (See Chapter 10), showing the location and details of such installation, construction, cutting, alteration or removal. Such application shall be filed with the construction official, and such permit upon its application by the building inspector shall be valid for a period of one year from the date of issuance.
[Ord. #404; Ord. #565-80]
Where necessary to facilitate drainage or to prevent cracking or crumbling of the adjacent road surface; to prevent stones or dirt washing or carrying onto the road surface, or otherwise preserve the safety of users of the road, and reduce maintenance requirements, the construction official shall require, as a condition of such permit, the paving of the first 20 feet of such driveway entrance.
[Ord. #404; Ord. #565-80]
When it becomes necessary to construct a pipe or conduit across a driveway entrance leading from a public highway, or when it becomes necessary to install a pipe or conduit in a ditch or fosse adjacent to a public highway, permission must first be obtained from the public works superintendent. Such installation shall be laid to the line and grade satisfactory to the township engineer so proper drainage will be assured.
[Ord. #404; Ord. #97-1076]
No person shall construct any private street, lane, driveway or other means of egress so that water therefrom will flow onto any public street or highway or into any public drains without the permission of the township engineer.
All off-street traffic facilities, parking facilities, loading areas, passageways, driveways, walks, roofs and other similar impervious surfaces as well as all lands which have been so changed in contour or permeability as to alter or quicken the natural flow of surface waters shall be so drained as to prevent damage or hazard to or on abutting properties or public streets.
[Ord. #95-1016, § 1]
The repair and maintenance of sidewalk(s) abutting the land of a residential or commercial property are the responsibility of the landowner. Whenever the township engineer becomes aware of and certifies to the municipal governing body that any sidewalks are in need of construction, repair, alteration, relaying or maintaining, the expense of said construction, repairing, altering, relaying or maintaining, shall be borne by the landowners abutting the improvement.
[Ord. #95-1016, § 1]
The mayor and committee, upon receipt of the certification set forth in subsection 15-4.1 hereof, shall determine the necessity of said improvement, and, if it deems that said improvement is necessary, it shall, by resolution, cause a notice, in writing to be served upon said abutting owners and occupants of said lands by personal delivery or certified mail return receipt requested, requiring the necessary specified work to said sidewalk to be done by said owner or occupant within a period of not less than 30 days from the date of service of such notice. Said notice shall be sent to the record owner at the address shown on the records of the township tax assessor. All such work shall be done in accordance with plans, specifications and grades on file in the office of the township engineer.
[Ord. #95-1016, § 1]
Whenever any said abutting lands are unoccupied and the owner cannot be found within the municipality, the same may be mailed, postage prepaid, to his or her post office address, if the same can be ascertained. In the event that such owner is a nonresident of the municipality or his or her post office address cannot be ascertained, then the notice may be inserted for four weeks, once a week, in the official newspaper.
[Ord. #95-1016, § 1]
In the event that the owner or occupant of such abutting lands shall not comply with the requirements of said notice, within 45 days of the date thereof, it shall be lawful for the department of public works of the municipality, upon filing due proof of service of notice and/or publication of the aforesaid notice in the office of the township clerk, to cause the work required to be done and paid for out of municipal funds available for that purpose.
The cost of such work shall be certified by the township engineer to the department or person having charge of the collection of assessments in such municipality. Upon filing said certificate costs, the amount of the cost of such work shall be and become a lien upon the said abutting lands in front of which such work was done to the same extent that assessments for local improvements are liens in the municipality and shall be collected in the manner provided by law for the collection of such other assessments and shall bear interest at the same rate.
In addition, thereto, the municipality may commence, in any court having competent jurisdiction thereof, an action against the owner of said lands to recover said amount.
[Ord. #03-1277; Ord. #04-1320, § 1]
The owner or tenant of any lands abutting and having frontage on any street, whether residential or nonresidential, shall remove all snow and ice from the sidewalks along the frontage of said lands so as to provide for safe use of said sidewalk within 24 hours after the snow and ice shall have fallen or have been formed.
[Ord. #03-1277; Ord. #04-1320, § 1]
The owner of any private street or the homeowner/property owner association shall remove all snow and ice from all common sidewalks, common passageways, common driveways, common parking areas and private streets within 24 hours after the snow and ice shall have fallen or have been formed. Snow and ice removal shall provide for safe and unobstructed ingress, egress and use of said amenities/facilities by fire, police, ambulance, and any other emergency vehicles as well as the residents that routinely use said amenities/facilities. When the homeowner/property owner association documents specifically delegate snow and ice removal for that portion of common sidewalks and common passageways that traverse the frontage of a specific condominium lot, then snow and ice removal on those common sidewalks and common passageways shall be performed by the assigned party at the assigned location in accordance with this section.
No snow or ice from driveways, parking lots, or privately owned sidewalks shall be placed in a public street or public sidewalk. Snow shall also not be piled or mounded in a manner that impedes the view within a sight triangle of an intersection. Should this occur, the owner on record of said originating property shall be held responsible and is subject to Enforcement as listed in subsections 15-5.3 and 15-5.4.
[Ord. #04-1320, § 1]
The provisions of Section 15-5 shall be enforced by any duly authorized agent or employee at Hopewell Township. Any person found guilty of a violation of this section shall be liable for a penalty of a maximum of $500. The township may also take such other actions as it deems necessary to correct such violation, consistent with subsection 15-5.4.
[Ord. #03-1277; Ord. #04-1320, § 1; Ord. #2018-1682]
If snow or ice is not removed as required by subsections 15-5.1, 15-5.2 and 15-5.2a, it shall be lawful for the department of public works to cause the work required to be performed and paid for out of municipal funds available for that purpose. The cost of such work shall be certified by the township engineer to the department or person having charge of the collection of assessments in the municipality. Upon filing said certificate of costs, the amount of the cost of such work shall be and become a lien upon the abutting lands in front of which such work was done to the same extent that assessments for local improvements are liens in the municipality and shall be collected in the manner provided by law for the collection of such other assessments and shall bear interest at the same rate. In addition thereto, the municipality may commence, in any court having competent jurisdiction thereof, an action against the owner of said lands to recover said amount.
All public street projects in the Township of Hopewell, both new construction and reconstruction, excluding maintenance, shall be planned, designed and constructed as Complete Streets.
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless otherwise set forth:
- COMPLETE STREETS
- Shall mean a street design policy which provides for the accommodation of travel by pedestrians, bicyclists, public transit users, and motorists. Complete Streets shall accommodate users of all ages and abilities.
- Shall mean facilities for bicyclists and pedestrians shall follow industry standard design guidelines such as the New Jersey Roadway Design Manual; the AASHTO Guide for the Development of Bicycle Facilities, AASHTO's Guide for the Planning, Design and Operation of Pedestrian Facilities; the Manual of Uniform Traffic Control Devices; Americans with Disabilities Act; and others as related. Design considerations shall include connections for Safe Routes to School, Safe Routes to Transit, Transit Villages, trail crossings, and areas or population groups with limited transportation options.
An exception from the establishment of bicycle and pedestrian ways in new construction and reconstruction projects may be granted by resolution of the Township Committee if any one of the following conditions are met:
Bicyclists and pedestrians are prohibited by law from using the roadway.
Detrimental environmental or social impacts outweigh the need for these accommodations.
The safety or timing of a project is compromised by the inclusion of Complete Streets design practices.
The cost of incorporating new bicycle, pedestrian, and/or public transit facilities is excessive, defined as greater than 10% of total cost. The need for and/or probable use of the facility shall be considered in making the determination as to whether or not an exception should be approved at this time or held for future consideration.
An exemption other than those listed above must be documented with supporting data and must be approved by the Mayor and Township Committee. Designs for new facilities which have been granted an exception shall not preclude future improvements for bicycling and walking.
Accommodations for pedestrian and bicycle traffic shall be made when closing roads, bridges, or sidewalks for construction projects as outlined by New Jersey Department of Transportation Policy.
This Complete Streets Policy shall be reviewed by the Planning Board as part of each master plan reexamination, update, revision or amendment.