Editor's Note: See Chapter 4 for regulations of placement of newsracks on sidewalks.
[Amended in entirety 3-24-2020 by Ord. No. 3567. Prior history includes
Ord. #312; Ord. #325; Ord. #1212; Ord. #1375]
[Amended 3-24-2020 by Ord. No. 3567]
It shall be unlawful for any person to make any excavation in
or remove the surface of any municipally controlled road or street
in the Township for the purpose whatsoever, or to store any material
within the right-of-way limits of any municipally controlled road
or street in the Township for any purpose whatsoever, without a written
permit first having been obtained from the Engineering Department
of the Township ("Engineering Department").
The provisions of this section shall apply to any excavation
or street opening pursuant to a franchise or revocable consent.
[Amended 3-24-2020 by Ord. No. 3567]
Any person having executed a construction contract with the
Township to lay and construct pipes, conduits or other structures
in the municipally controlled roads or streets shall be governed by
the provisions of the construction contract and shall be excepted
from the provisions of this section.
[Amended 3-24-2020 by Ord. No. 3567]
A permittee shall obtain a separate permit for each 150 linear
feet, or part thereof, of a block segment and for each intersection
where work is to be performed.
[Amended 3-24-2020 by Ord. No. 3567]
a.
Proper Notification. Permittee and owners of underground facilities
shall comply with the State of New Jersey's standards relating
to construction, excavation and demolition operations at or near underground
facilities.
Permittees shall take the precautions necessary to project such
pipes, mains, conduits, and other appurtenances at their own expense.
b.
All work shall be done in accordance with the specifications and
provisions of the New Jersey Department of Transportation (NJDOT).
c.
All debris on the street shall be removed at the expiration of the
permit unless otherwise stipulated.
[Amended 3-24-2020 by Ord. No. 3567]
a.
Applications for a permit in a road or street shall be made to the
Engineering Department. Such application must include:
1.
A description of the work to be performed;
2.
The reason for the work;
3.
The street address including the nearest cross streets where the
excavation or street opening is to be made;
4.
A plan or sketch in proper scale indicating the size and location
of the proposed opening(s) which shall include:
5.
The start and estimated completion dates;
6.
The type of pavement or surface to be opened;
7.
Whether the proposed work will be within a Streetscape area (if so, the provisions of subsection 11-1.9 will apply);
8.
Whether the proposed work will be on a protected street (if so, the provisions of subsection 11-1.10 will apply);
9.
The name and address of the compaction testing company or laboratory,
as required on certain designated emergency streets only;
10.
Photographs of the street or roadway which will be impacted by the
proposed work and the areas immediately adjacent thereto as it exists
at the time of the application for the permit;
11.
A utility mark-out within the area affected;
12.
A written agreement to completely restore the area affected within
a specified number of calendar days after the first disruption thereof
to the condition it was in at the time it was first completed. The
selected period of time is subject to the approval of a representative
of the Engineering Department;
13.
Specifications, matching those used to construct the street or roadway
in the first place, for the complete restoration of any and all bituminous
paving, concrete sidewalks, concrete curbs, brick pavers, bollards,
light poles, benches, trash receptacles, planters, sign posts and
all other aspects of the street or roadway that may be disrupted or
impacted in any way by such work;
14.
An itemized and detailed estimate of the cost of the proposed work,
including the cost of complete restoration of the street or roadway
prepared by the applicant's architect or engineer;
15.
A written agreement to submit photographs of the street or roadway
once the Engineering Department has approved the complete restoration
of the street or roadway;
b.
No trees within the sidewalk shall be disturbed or removed with the
permission of the Engineering Department.
[Amended 3-24-2020 by Ord. No. 3567]
a.
Parallel to Property Line. Application for a permit for the installation
of a main line of a utility or drainage system running parallel to
the property line of the road or street shall be made to the Engineering
Department. Such application must include a detailed plan showing
the limits of such installation, the depth of the main or utility
and other necessary information, including full compliance with the
requirements and subject to the conditions hereafter provided. Upon
approval of the plan by the Engineering Department, a permit will
be granted.
b.
Not Parallel to Property Line. Applications for a permit for the
installation of a house connection for water, sewer or any other purpose
where the excavation does not run parallel to the property line of
the road or street shall, upon compliance with the requirements, and
subject to the conditions hereafter mentioned, be granted a permit.
Application for a permit for the installation of water connections
require the exaction or removal of the surface pavement shall be made
at the Engineering Department, on a form prepared by the Engineering
Department. Upon approval of the plan by the Engineering Department,
a permit will be granted.
c.
All Other Applications. Application for all other street openings
requiring the excavation or removal of the surface pavement, and not
provided for hereinbefore, shall be made to the Engineering Department.
|
The Engineering Department shall issue a permit to the applicant
when it determines that (i) the necessary documents are acceptable
in form and substance; (ii) the applicant has paid the review and
inspection fee, (iii) the applicant has posted sufficient security,
(iv) the applicant has satisfied all other requirements applicable
to the issuance of permits in the Township of Belleville.
|
[Amended 3-24-2020 by Ord. No. 3567]
a.
The applicant shall pay an application review and site inspection
fee of $200.
b.
In addition to the review and inspection fee, the amount of payments
hereafter mentioned shall be deposited, either in cash or certified
check, in the office of the Township Manager before a permit will
be granted, and the amount thus collected shall be used by the Township
of Belleville in payment for the inspection and proper repairs and
restoration of the surface pavements, and no rebate will be made.
The permittee shall be liable and responsible for the care and maintenance
of any opening under the permit until the pavement has been permanently
repaired and restored. In the determination of the actual square yards
of pavement to be removed, repaired and restored, additional width
of eight inches beyond the limits of the trench shall be included,
except under unusual conditions when a greater width will be used,
as determined by the contemplated construction.
|
Schedule of Payments for Road Permits
| ||
|---|---|---|
|
Minimum Deposit
|
Cost per Square Yard
| |
|
Penetration
|
$35.00
|
$5.00
|
|
Reinforced Concrete
|
$50.00
|
$7.50
|
|
Type "A" or "T" on Modified Penetration Base
|
$40.00
|
$6.00
|
|
Sheet Asphalt on Concrete
|
$50.00
|
$7.50
|
|
Sidewalk
|
$15.00
|
$5.00
|
|
Dirt Streets or Secondary Pavement
|
$25.00
|
$3.00
|
Sidewalk shall be replaced by permittee. If not replaced
in 10 days after date of permit, the sidewalk shall be replaced by
the Township and the cost deducted from the deposit.
The foregoing schedule of charges may be increased or decreased
from time to time by ordinance of the Township Council to correspond
to the increase or decrease of costs occasioned by fluctuation in
the price of labor or material.
c.
Indemnification: Township's Right to Perform.
1.
Indemnification. Every permittee, as a condition of accepting any
permit issued hereunder, shall save and hold harmless the Township
of Belleville and indemnify the Township of Belleville, its officials,
agents, servants and employees for an against any and all loss, damage,
claim, expense or demand whatsoever arising out of any matter or resulting
from the opening or excavation of any street and the issuance of a
permit therefor as provided in this section.
2.
Notice of Failure to Make Progress. If the permittee, in installing
the permanent pavement shall fail to make progress satisfactory to
the Engineering Department, the Township may give written notice of
such failure to the permittee. If, within 20 days after the receipt
of such notice, the permittee shall fail to make progress at a rate
satisfactory to the Engineering Department, the Township shall have
the right to complete the installation of such pavement, in which
event the permittee shall be charged for the cost thereof at the rate
the Township is billed by the contractor who performs the work, or
a the rate it costs the Township to perform such work itself, which
charges shall be billed after the receipt of the bill therefor.
d.
Security. The applicant shall post security to ensure the complete
restoration of the street or roadway in an amount equal to 120% of
the estimated cost of the proposed work, including the complete restoration
of the street or roadway as determined by either the Township Engineer
or his/her designated representative, which estimate may exceed that
submitted by the applicant's engineer or architect. The applicant
shall post this security by either (i) posting a bond in such amount
or (ii) depositing cash in such amount in the Township's account
maintained by the Chief Financial Officer. There shall be filed with
the posted security a written consent that if the restoration work
is not completed by the date specified the Township may retain a private
contractor to perform the restoration work and draw upon the security
to the contractor. Security shall be returned upon final inspection.
e.
Public Utilities.
1.
Bond in Lieu of Security Deposit. Any public utility subject to regulations
of the Board of Public Utilities Commission of this State in lieu
of security deposit as required above may execute a bond in the penal
sum of $10,000 to the Township of Belleville and file same with the
Engineering Department. In the event of any emergency, a public utility
may make necessary street openings and repairs prior to obtaining
a permit; provided a permit shall be obtained by it within 48 hours
after the opening is made; and provided further that the public utility
shall file with the Financial Officer its bond in the sum of $10,000
conditioned upon the payment of all permit fees due from it to the
Township.
2.
Form of Bond. Each bond filed pursuant to paragraph e.1. shall be
in form satisfactory to the Township Attorney and shall remain in
effect for a period of one year after the last restoration work under
any permit that has been completed and accepted by the Township.
f.
Insurance. Applications for permits required to be issued under the
provisions of this section shall be accompanied by evidence of insurance
against "General Liability" with limits of at least $1,000,000 per
person and $2,000,000 per accident. The insurance policy shall include
the Township as an additional named insured and the certificate shall
be attached to the application and filed therewith.
In the alternative, a contractor applicant may deposit with
the Township a policy evidencing the issuance of the insurance referred
to in the foregoing paragraph. The policy may be for a stated period
of time and shall name the Township as an additional insured. If the
policy is so deposited it will not be necessary for the contractor
applicant to submit proof of insurance with each application for a
permit.
In lieu of evidence of insurance, a public utility applicant
for a permit may file with the Township a copy of a self-insurance
certificate issued by the Security-Responsibility Bureau of the Department
of Law and Public Safety, New Jersey Motor Vehicle Commission, of
the State of New Jersey pursuant to N.J.S.A. 39:6-52.
A public utility shall, in addition to filing a self-insurer
certificate, file with the Township its bond in the sum of $100,000
containing the condition that it shall defend at its own expense any
suit brought against the Township and further to indemnify and save
harmless the Township from and against any and all loss, costs, damages
or judgment incurred by reason of any damage to any property, injury
to any person, or any loss of life resulting from any alleged negligence
of the permittee, his agents, employees or contractors in performing
the work covered by the permit.
[Amended 3-24-2020 by Ord. No. 3567]
a.
Proper Notice.
1.
Permittees shall notify the Police Department and the Fire Department
and the Construction Code Department of the construction and street
operations that require street closing permits at least 24 hours in
advance of the commencement of non-emergency work.
2.
All permittees shall comply with the specifications of the New Jersey
Department of Transportation (NJDOT).
b.
Breaking Existing Pavement. Precutting of pavement wearing course
and base shall be required for pavement removal. The use of a "Ram
Hoe" or truck mounted pavement breaker is not permitted, unless otherwise
authorized. Only hand held tools may be used for this purpose. This
applies to all streets at all times. The permittee shall be responsible
for keeping the construction area clean and neat as possible during
the permit life. No material shall restrict water flow in gutters.
All possible arrangements for the safety of the general public shall
be maintained. Every effort shall be made to keep the pavement opening
dimensions to an absolute minimum.
c.
Excavation.
1.
Sheeting and Bracing. The sides of every open excavation five feet
or more in depth shall be securely held by adequate timber, sheeting
and bracing where the earth is not sloped to the angle of repose of
the material, and where unsafe conditions are created due to composition
of the soil, climatic conditions, depth of excavation or construction
operations.
2.
Tunneling or Jacking. No person shall make any installation or repair
between two or more street openings by means of tunneling or jacking,
without a permit.
Tunneling or jacking may be permitted for the installation or
replacement of a lateral connection provided the opening does not
exceed eight inches in diameter. Full trenching shall be required
for all waste line repair/connections.
Tunneling will not be permitted under circumstances and shall
be an unlawful exercise of the privileges under any such permit and
a violation hereof, unless special permission has been granted in
writing at the issuance of the permit.
3.
Traffic and Maintenance.
(a)
No more than one lane of traffic may be obstructed, except as
provided by Belleville Police Department stipulation or as otherwise
authorized by the Township Engineer.
(b)
It shall be the duty of the permittee to properly guard the
excavation by the execution of suitable barriers by day and lights
by night and permittee shall be liable for any neglect to safeguard
the traveling public.
(c)
All unattended street openings or excavations in a driving lane,
including intersections, shall be plated. In the case of gas or steam
leak, barricades in accordance with the New Jersey or Federal Manual
on Uniform Traffic Control Devices shall be used until the leak is
corrected.
(d)
Barricades, signs, lights and other approved safety devices
shall be displayed in accordance with the New Jersey or Federal Manual
on Uniform Traffic Control Devices.
(e)
The permit may restrict street operations and construction within
the critical areas to nights, weekends or off-traffic hours.
(f)
Flagpersons. Permittees whose work results in the closing of
a moving traffic lane, which requires traffic to be diverted to another
lane, shall, at all times when actively working at the site, post
a flagperson or utilize an authorized plan for the maintenance and
protection of traffic at the point where traffic is diverted to assist
motorists and pedestrians to proceed around the obstructed lane.
d.
Temporary Closing of Sidewalks. A minimum of four feet sidewalk width
of unobstructed pedestrian passageway shall be maintained at all times.
Where openings and excavations do not allow for four feet of unobstructed
pedestrian passageway, a temporary sidewalk closing plan should be
submitted to the Belleville Police Department.
e.
Work Site Maintenance.
1.
All excavated material shall be either removed from the site or stockpiled
at a designated curb, properly barricaded in accordance with the Federal
Manual on Uniform Traffic Control Devices and stored to keep gutters
clear and unobstructed.
2.
All obstructions on the street shall be protected by barricades,
fencing or railing, with flags, lights or signs in accordance with
the Federal Manual on Uniform Traffic Control Devices placed at proper
intervals and during the hours prescribed. During twilight hours the
flags shall be replaced with amber lights.
f.
Storage of Materials.
1.
A street opening permit does not include permission to store construction
materials in a designated area adjacent to the permitted worksite.
2.
No separate permit shall be required for the storage of equipment,
excluding cranes, in a designated area in compliance with any applicable
stipulations on the permit.
3.
Application for permits to store construction materials shall be
made at the office of the Engineering Department and may be made either
in conjunction with the application for permit for road opening or
excavation or separately. Permit for storage of material shall be
granted to the applicant upon furnishing satisfactory evidence of
the necessity for such storage and upon compliance with the requirements
and subject to the conditions in paragraph 4 below.
4.
The permit shall be granted upon condition that:
(a)
The applicant shall properly guard the material stored by erecting
suitable barriers, maintain warning signs and lights to safeguard
the traveling public, and at all times leave carriage way of at least
18 feet between the material, and shall also make provision so that
the flow of water along the street may be unobstructed; and
(b)
The space occupied by the storage of material shall be no more
than is necessary for the applicant's needs, or for a longer
time than is necessary to enable him to complete the purpose for which
the permit is granted, and in no case shall the permit be considered
as giving the applicant any right to store material upon the street
in front of property other than that bellowing to or leased by the
applicant; and
(c)
The permit shall state the time that the applicant may have,
and any right under the permit shall not extend beyond the period
of such time; and
(d)
The applicant shall pay to the Township as an inspection charge
upon receiving such permit $75 for the first 15 days and $200 per
month or portion of month thereafter.
5.
The designated storage area(s) are subject to review and approval
by the Engineering Department and Belleville Police Department.
g.
Backfill and Compaction.
1.
Upon completion of repairs in a street, permittees shall backfill
street openings and excavations in a manner in accordance with the
specifications. All materials used for backfill shall be free from
bricks, blocks, excavated pavement materials and/or organic material
or other debris. The backfill used shall be QP.
2.
Backfill material shall be deposited in horizontal layers not exceeding
12 inches in thickness prior to compaction. A minimum of 95% of Standard
Proctor Maximum Density will be required after compaction.
3.
When placing fill or backfill around pipes, layers shall be deposited
to progressively bury the pipe to equal depths on both sides. Backfill
immediately adjacent to pipes and conduits shall not contain particles
larger than three inches in diameter.
4.
Compaction shall be attained by the use of impact rammers, plate
or small drum vibrators, or pneumatic button head compaction equipment.
Hand tamping shall not be permitted except in the immediate are of
the underground facility, where is shall be lightly hand tamped with
as many strokes as required to achieve maximum density. The definition
of the "immediate area" shall be a maximum of 18 inches from the facility.
5.
Where sheeting has been used for the excavation, it shall be pulled
when the excavation has been filled or backfilled to the maximum unsupported
depth allowed by the New Jersey Department of Transportation guidelines.
6.
As a measure of maximum density achieved for temporary restoration,
the pavement surface shall not sink more than two inches from the
surrounding existing surface during the life of the temporary restoration.
More than two inches of settlement shall be deemed a failure of the
compaction of the backfill and cause the removal of said backfill
to the subsurface facility and new fill installed and properly compacted.
7.
The permittee shall be required to furnish the Engineering Department
with copies of in-process compactions reports certified by a professional
engineer as to the compliance with the requirement of the aforementioned
backfill requirements. This certified compaction report shall be submitted
along with the cutform for every 10th street opening permit issued
to the permittee or as directed by the Engineering Department.
h.
Temporary Asphaltic Pavement.
1.
Immediately upon completion of the compaction of the backfill of
any street opening, the permittee shall install a temporary pavement
of an acceptable stabilized asphalt paving mixture, course size one
and one-half to two inches, not less than four inches in thickness
after compaction, flush with the adjacent surfaces.
2.
The permittee has the option of installing full depth pavement using
an acceptable asphalt paving mixture immediately upon completion of
the compaction of the backfill excluding reconstructed protected streets
and full-depth concreted roadways.
3.
Upon the expiration of the permit, all equipment, construction materials
and debris shall be removed from the site, unless otherwise stipulated.
4.
When final restoration is to be done the materials are to be removed
with hand tools to a depth necessary to accomplish the final restoration.
5.
In the event that two or more unconnected road openings are requested
and dug only 10 feet or less apart, the restoration requirements shall
include the milling and paving of a continuous are including the undisturbed
area between the trenches.
i.
Plating and Decking.
1.
All plating and decking installed by the permittee shall be made
safe for vehicles and/or pedestrians and shall be adequate to carry
the load.
2.
The size of the plate or decking shall be large enough to span the
opening, be firmly placed to prevent rocking and shall overlap the
edges of trenches and openings and be sufficiently ramped to provide
smooth riding and a safe condition.
3.
All plating and decking shall be fastened by splicing, countersinking
or otherwise protected to prevent movement.
4.
Where deflections are more than 3/4 inch, heavier sections of plates
or decking or intermediate supports shall be installed.
5.
All permittees who install plating and decking during the winter
months shall either post signs at the site indicating "Steel Plates
Ahead Raise Plow" or shall countersink said plates to the level of
the roadway. All signs shall be the size and type specified in the
Federal Manual on Uniform Traffic Control Devices. These signs shall
be placed on the sidewalk, adjacent to the curb, facing vehicle traffic
five feet prior to the plates. On two-way streets, signs shall be
placed on both sides of the street five feet prior to the plates.
6.
All plating and decking shall have a skid-resistant surface equal
to or greater than the adjacent existing street or roadway surface.
j.
Base.
1.
Concrete and asphalt base material shall conform to specifications.
2.
Concrete for base shall be plated in a driving lane and intersections
or barricaded in accordance with the Federal Manual on Uniform Traffic
Control Devices in a parking lane for a minimum of three days to permit
proper cure of concrete, unless otherwise specified.
3.
Hot asphalt binder materials may be used in place of concrete for
non-protected and/or resurfaced streets at a thickness ration of one
and one-half inches of asphalt for every inch of concrete.
4.
The concrete base shall be restored at the same grade as the existing
base with a minimum base of six inches.
5.
At no time will asphalt other than binder be permitted as base course.
Conduit or pipes shall be installed at a minimum depth of 18 inches
from the surface of the roadway, or below the base, whichever is greater.
Where conduits and pipes cannot be installed at the required minimum
depth, protective plating shall be installed over the facilities upon
written request from the permittee and receipt of written approval
by the Township Engineer.
k.
Wearing Course.
1.
Wearing course material shall conform to the New Jersey Department
of Transportation (NJDOT) specifications.
2.
The finished grad of the wearing course shall be flush with surrounding
pavement on all sides of the cut; the restored wearing course shall
extend for a distance of six inches beyond the edge of the base course.
3.
The minimum thickness of the wearing course on full depth asphalt
restoration shall be a minimum of two inches.
4.
When more than one roadway opening is made against a single permit
and the openings are less than three feet apart the openings are machine
excavated, the existing wearing course between such openings shall
be restored integrally with the opening wearing course restoration,
in accordance with the Township's standard detail.
5.
When openings are made by digging with hand tools or hand held pneumatic
tools, the existing wearing course between such openings need not
be replaced.
6.
When a street opening is 12 inches or less from the curb, the entire
pavement between the opening and curb shall be excavated and replaced
in kind, in accordance with the current Township's standard detail.
The pavement base shall be inspected and repaired where necessary
and a new wearing course shall be installed from the curb to the street
opening. The areas described above shall be included in the permittee's
guarantee.
7.
Whenever any street is excavated, the permittee shall restore such
street in kind as to material type, color, finish or distinctive design.
8.
The wearing course shall be properly sealed completely at the edges
of the cut with liquid asphaltic cement ironed in with a heated smoothing
iron or by means of infrared treatment to prevent water seepage into
the pavement.
9.
Any roadway pavement markings, including but not limited to, crosswalks
and lane lines, and any parking or regulatory signs or supports shall
be replaced in kin in accordance with the Manual on Uniform Traffic
Control Devices.
10.
Final (permanent) restorations shall be completed within 10 working
days of the expiration of the permit.
l.
Quality Control Program Requirement for Roadways.
1.
All permittees engaged in street openings, shall complete the work
so as to provide smooth riding surfaces throughout the guarantee period
on their respective restorations.
2.
A documented quality history of restoration shall be maintained by
the responsible permittee. This information should show that inspections
are made at some optimum intervals to assure conformance to the guarantee.
3.
Quality Control Program information shall be made available to the
Township upon request.
4.
The use of experimental methods or materials may be authorized under
selective conditions upon application to the Township for approval
prior to use on the Township's streets.
5.
Any permittee may file a proposed Quality Control Program with the
Township for approval. The Township's Engineer may waive any
of the foregoing specification requirements as part of an approved
program of Quality Control. Any waiver so granted shall remain in
effect as long as the approved program is implemented in a manner
satisfactory to the Township Engineer.
m.
Other Requirements.
1.
Street Opening Location Form.
(a)
Permittees shall maintain a street opening location form ("cutform")
at their office and shall provide this form to the Township upon request.
Such cutform shall include the following information:
(1)
A sketch showing the exact dimensions and location of the restored
area, and a description of the opening or trench defined by distance
in feet from the nearest intersection and from the nearest curbline;
(2)
The street opening permit number;
(3)
The date of completion of the final restoration;
(4)
The name of the final pavement restoration contractor; and
(5)
A compaction report certified by a licensed professional engineer,
when applicable.
(b)
Failure to submit a cutform upon request may jeopardize future
permit request and may subject permittees to summonses.
2.
Guarantee Period. Permittees shall be responsible for permanent restoration
and maintenance of street openings and excavations for a period of
three years on unprotected streets, and up to five years on protected
streets commencing on the restoration completion date. This period
shall be the guarantee period.
3.
Permittees shall comply with all applicable sections of these rules,
the specifications, and all other applicable laws or rules.
4.
The Township Engineer can require the use of infrared technology
for smoothing out the repaired or restored surface.
5.
Any street opening in connection with the installation of telecommunication
equipment that is not confined to within eight feet of the curbline,
including the required cut back, on any street, regardless of status —
protected or unprotected - or where located within the Township, and/or
within any sidewalk area within the Township, shall require full curb-to-curb
roadway restoration under all circumstances.
[Amended 3-24-2020 by Ord. No. 3567]
No street opening activity shall be allowed, except for emergency
work in an area that will disrupt or impact in any way Streetscape
Improvements, unless permittee, in addition to satisfying all other
requirements of this section shall satisfy the following requirements
before a permit shall be issued.
a.
Permit Issuance. Applicants for an excavation and street opening
permit in a Streetscape Improvement area shall submit the following
documents to the Engineering Department:
1.
Plans, at proper scale, illustrating the proposed work;
2.
Photographs of the Streetscape Improvements which will be impacted
by the proposed work and the areas immediately adjacent thereto (collectively,
the "Streetscape Area") as it exists at the time of the application
for the permit;
3.
A utility mark-out within the Streetscape Area;
4.
A written agreement to completely restore the Streetscape Area within
a specified number of calendar days after the first disruption thereof
to the condition it was in at the time it was first completed. The
selected period of time is subject to the approval of a representative
of the Engineering Department;
5.
Specifications, matching those used to construct the Streetscape
Improvements in the first place, for the complete restoration of any
and all bituminous paving, concrete sidewalks, concrete curbs, brick
pavers, bollards, light poles, benches, trash receptacles, planters,
sign posts and all other aspects of the Streetscape Improvements that
may be disrupted or impacted in any way by such work;
6.
An itemized and detailed estimate of the cost of the proposed work,
including the cost of the complete restoration of the Streetscape
Area, prepared by the applicant's architect or engineer;
7.
A written agreement to submit photographs of the Streetscape Area
once the Engineering Department has approved the complete restoration
of the Streetscape Area.
[Amended 3-24-2020 by Ord. No. 3567]
No street opening activity shall be allowed, except for emergency
work or as authorized by the Mayor and Council, in a protected street
for a period of 10 years from the completion of the street improvement
or paving project. The Township Engineer shall once a year, or as
often as may be appropriate, provide to public utility providers and
the general public notice of planned work on municipal roads, advising
that any work requiring excavation or disruption of pavement within
or about those roads will have to be completed prior to the Township
paving project. Such notice shall state that no road opening permits
shall be issued for openings, cuts or excavations in newly paved roads
for a period of 10 years from the completion of the paving project
(protected street). The notice shall also provide that applications
for road opening permits for work to be done prior to the Township
paving project shall be submitted promptly in order that the work
covered by the permit may be completed before paving.
Notice to public utility providers shall be by certified mail.
Notice to the public shall be provided by publication in an official
newspaper designated by the Mayor and Council.
a.
Permit Issuance. No permit to use or open any street, except for
emergency work, shall be issued to any person with a ten-year period
after the completion of the construction of a capital project relating
to such street requiring resurfacing or reconstruction unless such
person demonstrates that the need for the work could not have reasonably
been anticipated prior to or during such construction. Notwithstanding
the foregoing provisions, the Mayor and Council may authorize the
issuance of a permit to open a street within such ten-year period
upon a finding of necessity therefor.
b.
Conditions. Permittees shall be responsible to contact the Township
Engineer and Township Manager to determine whether a street is scheduled
to be rebuilt under a street reconstruction project.
d.
Restorations.
1.
No backfill of any opening or excavation on a protected street shall
be performed unless the permittee notifies the Engineering Department
at least two hours prior to the scheduled start time for the backfill.
In no case shall the permittee commence the backfill prior to the
scheduled start time. For the base and wearing course, the permittee
shall fax or e-mail its daily paving schedule to the Engineering Department
prior to commencing work. In addition, during the backfill and compaction
phase of the work, permittees must provide, on-site, a certified compaction
tester from an approved laboratory or a licensed certified tester
to test that the compaction of the backfills is in accordance with
the Engineering Department's rules and specifications.
2.
The Engineering Department may inspect any phase of the work, including
but not limited to, initial excavation, backfill and compaction, performance
of required cut backs, and final restoration.
3.
A certification issued by a New Jersey licensed professional engineer
shall be provided to the Township Engineer within 30 days of completion
of work on protected streets. The certification shall state that the
type of work performed was as described in the permit application,
and that all phases of the restoration were performed in accordance
with the Township rules and specifications.
4.
Permittees shall be responsible for the proper repair of the street
opening or excavation for a period of three years from the date of
completion or for the duration of the protected street guarantee period,
whichever is longer.
5.
Where street openings cannot be confined to within four feet of the
curbline, including the required cut back, and/or within the sidewalk
area, full curb-to-curb roadway restoration shall be required where
protected street status has been in effect for 24 months or less,
unless otherwise directed by the Mayor and Council.
6.
In the event a permanent restoration pavement installed in violation
of the provisions of paragraph 1 of this paragraph d settles more
than two inches below the surrounding existing surface during the
life of such permanent restoration, this shall be deemed a failure
of the backfill compaction, in which case, the permittee shall remove
all of the failed backfill, down to the subsurface facility, and install
new, properly compacted backfill and the final finish should be infrared
for a smooth trench.
7.
In those circumstances where an opening or excavation is performed
on a street where protected street status has been in effect for a
period of four years or less, then the permittee shall be required
to perform full curb-to-curb roadway restoration on the protected
street, plus curb-to-curb repaving of another street in the area,
as designated by the Township Engineer. The length of the repaving
of the additional street shall be substantially equivalent (as determined
by the Township Engineer) to the length of the restoration of the
protected street that was opened/excavated within this four-year period.
[Amended 3-24-2020 by Ord. No. 3567]
a.
Permit Requirements.
1.
No person shall perform emergency work without obtaining an emergency
number from the Belleville Police Department. Permittees shall fax
or e-mail the Emergency Street Opening Permit request form to the
Police Department's Dispatcher to obtain an emergency permit
number.
2.
An emergency permit number may be requested only for emergency work
performed on existing services.
b.
Conditions.
1.
A permittee shall begin emergency work within two hours after obtaining
an emergency permit number.
2.
A permittee shall perform emergency work on an around-the-clock basis
until the emergency is eliminated. Once the emergency is eliminated
on a critical roadway, the permittee shall suspend work, restore the
full width of the roadway and resume work, if necessary, during nights,
weekends or off-traffic hours. Such resumption of work shall only
be undertaken with the forty-eight-hour duration of the emergency
permit number. A permittee working with an emergency number on a roadway
other than a critical roadway may suspend or resume work at any time
within the forty-eight-hour period covered by the emergency number.
3.
No more than one lane of traffic may be obstructed, however, if an
emergency street opening is larger than eight feet by 10 feet, permittee
may occupy up to a maximum of 12 feet on one side of the opening and
a maximum of six feet on the other side.
4.
All unattended street openings or excavations in a driving lane,
including intersection shall be plated, except as otherwise directed
by the Township Engineer. The Township Engineer may require all street
openings and excavations at any located to be plated when no work
is in progress. In the case of gas or steam leaks, barricades in accordance
with the Federal Manual on Uniform Traffic Control Devices shall be
used until the leak is corrected.
5.
Barricades, signs, lights and other approved safety devices shall
be displayed in accordance with the Federal Manual on Uniform Traffic
Control Devices.
6.
A minimum of four street sidewalk width of unobstructed pedestrian
passageway, pedestrians shall be directed by signs to the opposite
sidewalk.
7.
No private vehicles shall be kept within the work area.
8.
Emergency permit numbers shall be kept on-site and shall be presented
upon the request of any police officer or other authorized Township
employee. Any additional information regarding the emergency work
that is requested at the site by a Department inspector shall be provided
by the permittee and/or the persons performing such work.
9.
Flagpersons. Permittees whose work results in the closing of a moving
traffic lane, which requires traffic to be diverted to another lane,
shall, at all times while actively working at the site, post a flagperson
or utilize an authorized plan for the maintenance and protection of
traffic at the point where traffic is diverted to assist motorists
and pedestrians to proceed around the obstructed lane.
c.
Application. When applying for an emergency permit number by fax
or e-mail, a permittee shall submit all information required by the
Engineering Department. This information includes, but is not limited
to, the following:
[Amended 3-24-2020 by Ord. No. 3567]
a.
No permit shall be issued for work on a newly constructed street, which street shall have been constructed after the passage of this section, for a period of 10 years from the date of acceptance of such construction, except in cases of emergency as described in subsection 11-1.11.
[Amended 3-24-2020 by Ord. No. 3567]
Any person who shall violate any of the provisions of this section,
or take part in or assist in any violation, or who shall violate or
fail to comply with any order or regulation made under the provisions
of this section, or shall make any excavation or store any material
within the line of any municipally controlled road or street in the
Township of Belleville, except as allowed by permit under the provisions
of this section, shall severally for each and every such violation
or noncompliance, respectively, not otherwise provided for, be liable
to the penalty stated in the Township Code. Should any person, firm
or corporation in violating any of the provisions of this section,
after notice of such violation, continue such violation, each 24 hours
that the same shall be continued shall be construed to constitute
a separate and distinct violation.
[Ord. #100H; Ord. #101N; Ord. #1444; Ord. #1208; Ord. #3023]
[Ord. #1444 § 1; Ord. #1208 §§ 1 —
4]
a.
No person shall erect any dwelling, business or industrial structure
on a lot fronting on a public street in the Township without constructing
in front of the property on which the building is located, curbs and
sidewalks; and in the event that a person owns both sides of a street,
pavement.
b.
Before applying for a building permit each applicant governed by
this subsection shall obtain from the Township Engineer lines and
grades. All sidewalks, curbs and road improvements made shall conform
to the line and grade so established by the Township Engineer.
c.
In the event that the entire building project by any owner consists
of a single building on a single lot fronting on a street where no
sidewalk or curbing exists along the same side of the two street intersections,
then the project shall be exempt and excluded from any of the requirements
of this subsection.
d.
All curbs, sidewalks and pavements constructed in accordance with
this subsection shall be performed in accordance with the specifications
governing that type of work heretofore or hereafter approved by the
Township.
e.
No Certificate of Occupancy for any building shall be granted by
the building inspector unless the construction of curbs, sidewalks
and pavement are completed and approved as to location, grade, materials
and workmanship after inspection thereof by the Township Engineer.
Exceptions may be granted by the Township Council to this provision.
[Ord. #100H; Ord. #3023]
All owners or occupants of any parcel of land fronting on any
improved street in the Township are required to keep the sidewalks,
curbs, and gutters in front of such land in good repair; and, if in
any case after 30 days' notice by the construction code official such
repairs are not done by such owner or occupant, the Township Manager
may, in his discretion, have such repairs performed and completed
and the expense thereof, with interests and costs shall be assessed
as a tax on such lot and shall be a lien thereon as other taxes are
collected. Notwithstanding the foregoing, nothing herein shall require
the Township, the construction code official, or any other representative
or employee to make such inspection, provide notice to any owner or
occupant, or cause any repairs to be made. Any notices set forth herein
may be given in writing via first-class mail to the owner or occupants
last known post office address.
[Ord. #101N]
All new sidewalks and curbs and the repairing of old sidewalks
and curbs within the Township shall be governed by the following specifications
for cement sidewalks.
a.
Grading. The entire width of the sidewalk shall be regulated and
graded in accordance with the grade as furnished by the Township Engineer.
The sidewalk shall have a slope of one-half inch to one foot from
the curbline to the line of the street. There shall be excavated a
trench for bed for cement walk of such width as the plan shall indicate,
and one foot in depth below the finished grade of the sidewalk.
b.
Foundation. Foundation for sidewalks shall be composed of good clean
factory cinders, filled in such quantity that will measure a depth
of eight inches at all points after the same has been thoroughly rammed
and consolidated.
c.
Concrete. Concrete to a depth of three inches shall be spread upon
the foundation course and thoroughly rammed. Concrete shall be composed
of one part best Portland Cement of either of the following brands:
"Atlas", "Alpha", "Edison", "Lehigh" or "Vulcanite" 2 1/2 parts
of good sharp sand and four parts of 1 1/2 inch broken trap rock,
all to be thoroughly dry mixed before the water is added.
d.
Top Finish. Top finish is to be composed of one part best Portland
cement to two parts of crushed granite and shall be spread to a uniform
thickness of one inch upon concrete course. The same shall be thoroughly
dry mixed and applied to concrete course before the same has set,
and trowelled down to a smooth, even surface. Cut and form flags four
feet in length, cutting entirely through at each section shall provide
for expansion.
e.
Granolithic Cement Curb. Granolithic cement curb shall be 20 inches
in depth, six inches in width at bottom, and five inches in width
at top, with batter side adjacent to roadway. There shall be excavated
a trench to a depth of 20 inches below the finished curb grade, and
the bottom of trench shall be thoroughly rammed. There shall then
be set up a form of two-inch plank faced properly, battered on face
side of curb, and plumb on back, braced so there shall be no deflection
in line.
f.
Concrete. Concrete shall be composed of one part best Portland cement,
two parts of good, sharp sand and four parts of one and one-half inch
broken trap rock thoroughly dry mixed before water is added, and filled
in the trench to a depth of 12 inches. This concrete shall be filled
in layers of not more than four inches at one time, and each layer
shall be thoroughly rammed. Eight inches below finished grade a facing
composed of two parts best Portland cement to three parts of crushed
granite shall be placed on face side of curb to a thickness of one
inch backed with concrete as above specified. The top of curb shall
be faced same as side with back edge rounded off sufficiently to take
off wire edge. Furnish and bed in face edge of curb a galvanized steel
"Wainwright" protection bar. After the concrete has set take down
plank on face edge and trowel surface to a smooth finish. This is
to be done the same day that the finish is put in position. Form lengths
of curb not longer than 10 feet, cutting through with sand points
shall provide for expansion.
g.
Blue Stone Flag Sidewalk. Flagstone shall be equal in quality to
best North River Blue Stone. No stone shall contain less than eight
square feet. The stone shall be four feet in width and not less than
two inches in thickness. The surface is to be smooth and level and
shall be laid close jointed and both sides cut and trimmed to a straight
line. The stone shall be laid on a bed of sand not less than three
inches in depth. No two stones containing eight square feet shall
be laid together, but shall be divided proportionately among the larger
stone.
h.
Blue Stone Curb. Curbstone shall be equal to the best North River
Blue Stone. No stone is to be less than four feet in length, four
inches in thickness and 16 inches in width throughout. To be cut,
prepared and set in the following manner, vis: The stone shall be
cut smooth on the top, and eight inches down on the face. The top
shall be uniform thickness of four inches and cut to a bevel of one
inch. The curb to be close jointed from top to bottom, and set with
a slant of five inches, and the front shall be set true to line and
grade.
i.
Corners. Corners shall be of same quality as above specified for
curb stone, cut jointed and set in the same manner. Each corner shall
contain three stones, each stone to be three feet in length. Where
directed, corners shall be cut on such radius as the Township Engineer
may direct.
j.
Bridge Stone. Bridge Stone for cross walks shall be equal in quality
to best North River Blue Stone. The same shall be two feet in width,
not less than five feet in length, and five inches in thickness and
to be laid in a bed of clean sharp sand not less than five inches
in depth. The sides and ends of the stone shall be squared and close
jointed and laid true to line and grade.
k.
Cobble Paving. Stone for cobble paving shall be of best selected
hard water, or bank paving cobble and shall be laid in rows two feet
in width on either side of the bridge stone and in a single row eight
inches in width between the same. Cobble is to be laid in a bed of
sand not less than five inches in depth and thoroughly rammed with
a heavy rammer to a firm unyielding surface. The joints shall be filled
with clean, sharp sand.
l.
General Conditions. All work under and by this specification shall
be done in a good and workmanlike manner and to the satisfaction and
approval of the Township Council and Township Engineer.
m.
Removal of Sidewalks. Sidewalks and curbs constructed contrary to
the foregoing specifications, may by a majority vote of the Township
Council, be removed, relaid or reconstructed in whole or in part,
and the expense thereof assessed against the owner of the property
abutting on such street or portion of street where same is constructed.
n.
Change of Sidewalk Grade. Whenever any owner of property abutting
on a street or portion of a street, shall desire the Township Engineer
to furnish the grade of any sidewalk as provided for in this subsection,
the proper charges for same shall be tendered to the engineer when
application for such grade is made.
[Ord. #1211]
[Ord. #1211 § 1]
No map, plan or plat for the subdivision of land within the
Township which provides for, or shows delineated thereon any street
or highway, shall be approved for filing in the office of the Clerk
of Essex County unless the same conforms to the following requirements:
a.
Major streets and thoroughfares shall be not less than 50 feet in
width, but where they form continuations of existing major streets
or thoroughfares, their widths shall be the same as those of which
they form continuations.
b.
No two streets shall intersect at an angle of less than 30° nor
more than 150° except with the special consent of the Township
Council, based on the approval and recommendation of the Township
Engineer.
c.
All streets shall connect with existing streets with the minimum
of jogs and angles, and no street or thoroughfare shall have an overall
right of way width of less than 40 feet; three-fifths of which shall
be the width of the finished pavement and distance between face of
curbs, and one-fifth on each side for sidewalk and planting strip.
d.
At street intersections, property line corners shall be rounded by
an arc, the minimum radius of which shall be 10 feet.
e.
Street curb intersections shall be rounded by a curve, the minimum
radius of which shall be 20 feet.
f.
Dead-end streets are specifically prohibited except in such cases
where the topography of the land leaves no other alternative; in which
event dead-end streets shall not be more than 300 feet in length,
and shall terminate in a circular right of way with a minimum diameter
of 80 feet and a paved turning circular with a minimum diameter of
60 feet.
g.
Streets shall not be shown which require ingress and egress over
lands of adjoining owners unless proper written easement or other
written agreements showing consent by such adjoining owners are presented
for filing in the Township Clerk's office.
h.
Reserved strips shall not be retained between any proposed street
and the lands of an adjacent owner.
i.
Location of monuments shall be shown on any map presented for approval.
Monuments shall be of concrete, blue stone, granite or marble and
shall be accurately set as least three feet in depth and established
at the intersection of all outside boundary lines of the premises
shown on the map or plot, at the intersection of all such boundary
lines with all street lines, at diagonally opposite corners of each
street intersection, at the beginning and end of all curves, at points
on curves where the radius of curvature changes, and at such other
points as are necessary to establish definitely all lines of the map
or plat (except those outlining individual lots).
j.
No name applied to any street indicated on the map or plat shall
duplicate or so nearly resemble the name of an existing street within
the Township so as to cause confusion. In the case of a direct extension
of an existing street the same name shall be used unless otherwise
approved by the Township Council.
k.
The dimensions of each lot designated on any map or plat shall conform
to the requirements established by the zoning ordinance of the Township.
l.
Any map presented for approval shall show thereon a uniform set-back
line, between which and the line of the street no part of any structure
shall be erected.
[Ord. #1211 § 2]
Every map, plat or plan presented to the Township Council for
its approval shall be in form as follows, and shall contain or be
accompanied by the following data:
a.
The map, plat or plan shall be drawn accurately to scale. The minimum
scale shall be 50 feet to the inch.
b.
The title of the map, plat or plan shall include the name or designation
of the development or subdivision, an accurate indication of its location
with respect to existing properties or street intersections, the scale
of the plan, the date of its preparation, the name of the owner of
the mapped premises, an appropriate place for its certification, and
the name and address of the engineer or surveyor who prepared the
same.
c.
All maps, plats or plans shall bear the official seal of a licensed
engineer or land surveyor.
d.
All maps, plats or plans shall have designated thereon the direction
of the Magnetic North,
e.
All measurements and dimensions of lots shown on any map, plat or
plan shall be legibly inscribed thereon; also all lengths of outside
boundaries of tracts, distances along streets, and other essential
measurements, to the hundredths of a foot. All bearings shall be similarly
indicated, to within 10 seconds.
f.
Any municipal limits or boundaries crossing any map, plan or plat
shall be accurately located thereon, and the names of the municipalities
legibly indicated.
g.
Street lines and their names, bearings, angles of intersections,
and widths, established or proposed building lines, all roadway distances
between curbs, paved sidewalks or proposed locations thereof, and
planting strip widths shall be clearly designated. Normally sidewalks
shall be not more than 12 inches from the property line.
h.
The lengths of all arcs, radii and tangents of any curved street
lines or curved corner intersections must be shown to the nearest
hundredths of a foot, and the central angle, to the nearest 10 seconds.
i.
All easements, or rights of way where provided for, proposed or owned
by public utilities, and the limits of the easements rights, shall
be definitely stated or shown.
j.
All lots shall be numbers, and the lines thereof indicated with accurate
dimensions in feet to the hundredths part thereof, and all bearings
within 10 seconds. All layouts shall show lot and block numbers and
street numbers as assigned by the department of revenue and finance.
k.
The accurate location of all existing and proposed monuments shall
be shown, and the material of which same are composed shall be noted.
l.
All property shown on any map, plat or plan which is to be dedicated
as public property in the tract shall be accurately outlined and described
thereon.
m.
The location and boundaries of all property reserved for the use
of all property owners shall be shown, and the use for which the same
is being reserved shall be noted on the map.
n.
All water courses, drainage ditches, rights of way, location of existing
pipe lines, sewers, water mains and other known or recorded matters
of note or importance shall be indicated.
o.
Such additional maps, plans, statements and information as in the
opinion of the Township Council are necessary, pertinent or useful
to a complete understanding and just determination of the matter,
may be required to be presented or filed.
[Ord. #1211 § 3]
An original tracing of every map, plot or plan for which approval
is sought shall be presented on transparent linen tracing cloth, with
all delineations made thereon in black waterproof drawing ink. Three
duplicate copies or lithoprints thereof, on linen or other suitable
cloth, shall be presented with said original, two of which shall be
filed in the Township Engineer's office.
[Ord. #1211 § 4]
Maps, plans and plats approved by the Township for filing with
the Clerk of Essex County, or in the office of the Township Clerk
or Township Engineer, or the inspection in the Township of any road
improvement or public utility, does not obligate the Township to accept
any street shown thereon as a public or Township street, or work an
acceptance of such improvement or utility or obligate the Township
to be responsible for the upkeep or maintenance of the same. Such
acceptance will be subject to the complete fulfillment of the minimum
standards and requirements as herein specified.
[Ord. #1211 § 5]
All of the foregoing and succeeding principles, standards and
requirements shall likewise apply to applications for the acceptance
of streets.
[Ord. #1211 § 6]
No water or sewer connections with existing Township installations
shall be permitted unless complete construction plans, profiles, and
specifications are submitted to and approved by the Township Council
and the improvement constructed in strict accordance with the plans
and specifications.
[Ord. #1211 § 7]
Before acceptance of any dedication of any street, title thereto
shall be examined and approved by the Township attorney, at the expense
of the applicant and a reasonable deposit for that purpose and incidental
expenses shall be made upon request. Any formal offer of dedication
shall include means of ingress to and egress from existing public
streets; easements for sewers and drains involved or affected by the
proposed acceptance, and all matters which in the opinion of the Township
Attorney shall be advisable. All written easements or rights of way
shall be furnished by the owner or developer.
[Ord. #1211 § 8]
Road pavement minimum standard shall be 5 1/2 inches thick
modified penetration macadam base course with one-half inch type "A"
or "T" surface course constructed in accordance with New Jersey Department
of Transportation standard specifications, or as the Township may
adopt. Any other pavement which in the opinion of the Township Engineer
exceeds the minimum standard shall be permitted.
[Ord. #1211 § 9]
French or stone underdrains shall be installed where necessary
or directed. Mainline storm drain shall be constructed of reinforced
concrete pipe or double strength vitrified tile.
[Ord. #1211 § 10]
Concrete sidewalk shall be constructed of Class "B" concrete
five inches in thickness.
[Ord. #1211 § 11]
Permanent curbs of Class "B" concrete 6" x 8" x 20" shall be
installed on all streets for which acceptance is desired.
[Ord. #1211 § 12, 13]
No street grade shall be less than 1/2 of 1%, nor greater than
8%, except in special instances where the topography of the land to
be subdivided is such as to make it impossible to otherwise develop
such land. The grade of each street shall be established; and the
grade, together with satisfactory means for the disposition of stormwater
drainage shall be approved by the Township Council.
[Ord. #1211 § 14]
Complete plans, specifications, cross sections and profiles
along the center line of each street, together with a description
and location datum shall be submitted to the Township Council for
approval. Contour lines for the whole tract shall be provided when
requested by the Township Council.
[Ord. #1211 § 15]
Provisions for sanitary sewers shall be made, when required,
and shown on a separate plan. Sanitary sewers shall be constructed
of vitrified tile pipe in accordance with Department of Public Works
specifications. All mainline sewers shall have a minimum grade of
six inches in 100 feet. All laterals shall be laid with a minimum
pitch of one-half inch in one foot.
[Ord. #1211 § 15]
a.
Where any premises adjoin a stream or river or have a stream or river
passing through its limits, topographical maps showing the drainage
area limits shall be filed in addition to any layout of the stream.
Plans of the stream or river shall be submitted showing proposed depths,
widths and encroachment lines.
b.
The stream may be enclosed in reinforced concrete culvert or pipe
of sufficient capacity to fulfill the runoff requirements of the drainage
area of the district.
c.
If stream or river cannot be enclosed or where course of stream or
river is to be changed, altered or affected, then the channel as constructed
shall be at least 40 feet in width, with walls of concrete to the
height of ground of slope adjacent thereto. The walls shall have a
concrete base so that the channel course is contained within permanent
walls; and the river bottom shall be of concrete.
d.
If, in the opinion of the Township Engineering Department, the force
of the stream or river does not necessitate construction of concrete
walls and concrete base by reason of the lack of forceful flow at
all times, then in lieu of the concreting an open channel method may
be substituted, provided, no slope adjacent to such stream or streams
or river shall be graded steeper than 11 feet to one foot slope. All
slopes shall be riprapped in accordance with certain standard specifications
of the New Jersey Department of Transportation.
e.
Notwithstanding anything set forth above, in addition thereto, approval
where necessary shall be obtained from the Division of Water Policy
and Supply of the State of New Jersey by anyone in connection with
any construction proposed which is regulated by this subsection and
other pertinent parts of this section.
f.
Notice of filing plans in accordance with this subsection shall be
given in writing to all persons who own property along that part of
any stream, river or rivers through which the current or flow of water
shall affect, alter or change the aforesaid adjoining lands. Such
notice shall be served personally if the aforesaid property owners
are Township residents or by registered or certified mail if the property
owners are located outside the Township limits.
g.
Proof of giving such notice shall be in the form of affidavits of
service, together with affidavits of mailing and return receipts filed
with the building department.
[Ord. #1211 § 16]
All construction on, in and under streets, which it is proposed
to dedicate to the Township, shall be subject to the supervision of
the Township Engineer or the Township Council, and shall be in accordance
with these and such specifications and standards as the Township Council
may adopt. No such project shall be constructed or proceeded with
except under inspection of a duly authorized inspector on behalf of
the Township to supervise such part of the work as the Township Engineer
may deem necessary to insure the faithful performance of the requirements
of the plans and specifications, at the expense, however, of the applicant,
the rate of compensation of such inspector to be determined by the
Township Council.
[Ord. #1211 § 17]
If during the course of construction, any monument is disturbed,
damaged, covered by fill or shall have the earth removed from around
it, the monument shall be replaced or reset by a licensed surveyor
or engineer as directed by the Township Engineer.
[Ord. #1211 § 18]
Upon completion of the work a utility map shall be submitted
to the Township Council showing all house connections for sewers,
drains, water mains, fire hydrants, gas mains and conduits accurately
located.
[Ord. #1211 § 19]
Upon completion of the work and before final acceptance, a maintenance
bond for a period of one year from the date of acceptance, in the
amount of 15% of the total cost of the project, shall be posted with
the Township by the owner of the lands abutting on the street for
which acceptance is requested. The bond to be executed in favor of
the Township. The bond shall be in a form satisfactory to the Township
attorney and any legal expense arising in connection with the bond
shall be paid by the obligor of the bond.
[Ord. #1211 § 20]
Any of the standards, requirements and regulations set forth
in this section may be waived, modified or dispensed with by the Township
Council if, at any time extenuating circumstances may exist which,
in the opinion of the Township Council may appear to justify the same,
or if the public interest may be better served thereby. However, any
such waiver, modification or dispensation shall be entirely a prerogative
of the Township Council, to be exercised by it in its sound discretion,
and shall not be available to any applicant seeking approval of any
map, plan or plat, or the acceptance of any street, utility or improvement,
as a matter or right.
