No person, firm, corporation, public utility or authority shall hereafter tear up, open or excavate any road, highway, street or avenue in the Township of Elsinboro, owned, maintained or controlled by the Township of Elsinboro as a part of the Township Road System for any purpose whatsoever without first making application for and receiving a permit therefor signed in the name of the Township of Elsinboro by the Township Engineer of said Township or one of his authorized agents. The construction of concrete curbs and/or gutters along streets or roads shall be considered as tearing up or opening of Township roads or streets and shall come under the provisions of this article.
[HISTORY: Adopted by the Township Committee of the Township of Elsinboro as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-4-1975 by Ord. No. 75-4]
The permit, when issued, shall be required to be signed on behalf of the real party in interest applying therefor, and said permit shall constitute a valid contract between the real party in interest and the Township of Elsinboro.
The application for and the permit itself shall constitute one instrument, but the permit shall in no case be effective until signed in the name of the Township of Elsinboro by the Township Engineer or one of his authorized agents.
At the time application is made for said permit, the applicant shall furnish a reasonable sketch, in triplicate, showing the location of the opening to be made, the size of said opening, the purpose of said opening, and state whether it is new construction or repairs.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No permit shall be issued under this article until the applicant presents satisfactory proof to the issuing authority that he has complied with all the requirements of the Underground Facility Protection Act, N.J.S.A. 48:2-73. An excavator shall notify the One-Call Damage Prevention System as required by N.J.S.A. 48:2-82 and provide proof of notification as required by N.J.S.A. 48:2-83 and comply with all other requirements of the Act.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The applicant shall deposit with the Township Chief Financial Officer of the Township of Elsinboro a sum of money equal to $4 per square foot for each and every opening to be made in any concrete, bituminous concrete or bituminous treated pavement and the sum of $2 per square foot for all other surfaces, provided that the minimum charge or deposit to be made shall be the sum of $75 for each and every opening in any Township road. Any municipality, authority or public utility of the State of New Jersey may, in lieu of said deposit, file with the Township Committee of Elsinboro Township a bond in the amount of $5,000 satisfactory to the Solicitor of said Township. Said bond, if satisfactory, shall be considered as a deposit as stated in the various items of this article.
The road, when opened pursuant to said application and permit, shall be cut in straight lines and, immediately after the work is performed for which the opening was made, be temporarily filled with gravel. Excavated material shall not be used as backfill unless it meets Township specifications for road gravel or is approved by the Township Engineer. Backfill shall be tamped in six-inch layers as trenches are filled. At least two inches of bituminous patch shall be placed on the trench opening and thoroughly tamped or rolled into place. This temporary patch shall be maintained in a smooth and safe condition until the permanent patch is constructed. If the temporary patch is not properly maintained, the Township may make necessary repairs and charge same against the deposit. Final fill, base and pavement must be made at a time specified by the Township Engineer or one of his duly authorized agents and with materials specified by the Township Engineer or one of his duly authorized agents, and in all cases, the opening shall be replaced in as near as possible the same condition as it was at the time of the opening, including all filling, replacing of shoulders of the road where removed, and rolling and tamping to conform with the grade and the balance of said road and, insofar as concrete pavement removed, shall be replaced finally with reinforcement of the same materials and in the same manner in which the road was originally built.
The applicant shall notify the Township Engineer's office immediately upon beginning the opening of any road and likewise upon the completion of the job. The excavation and the work required to be done shall be completed with all reasonable haste. Trenches shall not be kept open when work is not in progress. (If work is stopped for more than 24 hours, the trench shall be temporarily backfilled.) Upon completion, it shall be inspected by the Township Engineer or his representative. If found satisfactory, the deposit of the applicant shall be returned to him.
In the event the Township Engineer or his representative does not approve the replacement, the applicant shall be notified, orally or in writing, and shall be given a reasonable time to correct the deficiency; and upon the failure to correct said deficiency, the Township Engineer or his representative shall report the same to the Township Committee, and thereupon, the Township shall cause the road to be properly repaired and any deposit made by the applicant shall be applied to the cost thereof; and if said deposit is insufficient to cover the cost thereof, the applicant shall be held liable therefor; and if the deposit is more than sufficient to cover the cost, the overplus shall be returned to the depositor.
The Township Engineer, at such time or times as he shall deem necessary, may cause the work being done by the applicant to be inspected by an agent of the Township. The applicant shall be obliged to pay for said inspection at a rate not to exceed $5 per hour. All inspection charges shall first be deducted from the deposit, and if the deposit is insufficient, the balance shall be collected from the applicant.
In case of emergency, any applicant may make an excavation in or tear up the surface of any road without first having obtained from the Township Engineer a permit therefor, in which case the applicant must make application for such a permit within two working days after the occurrence of such emergency; provided, nevertheless, said applicant shall first advise by telephone the office of the Township Engineer or a member of the Township Committee the nature of the emergency.
Tunnelling under pavements shall not be done unless authorized, in writing, by the Township Engineer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The applicant shall properly guard the excavation by the erection of suitable barricades and also by displaying warning lights at night. The applicant shall in all cases provide reasonable safeguards by day and night to protect the traveling public. The applicant shall at all times maintain proper and sufficient drainage to prevent the accumulation of water or any other substance or material upon the road to ensure an adequate and safe passage for the traveling public and, in this respect, shall carry out, at its own expense, any orders of the Township Engineer.
If the excavation is to extend the full width of the road, no more than 1/2 of the road shall be opened at one time, and such half shall be backfilled before the other half is opened, so as to permit the free flow of traffic.
The words "applicant" and "person" shall include any individual, corporation, public utility, authority, municipality or other legal entity.
All permits issued under this article shall expire and become void 90 days from the date of issue unless renewed, in writing, by the Township Engineer, but the Township shall not lose any of the rights of action, if any, it has against the applicant by reason of granting such permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A fee of $500 shall be paid to the Township Clerk prior to the issuance of the permit for the opening of any street.
Any person, firm, corporation or municipality who or which shall violate the provisions of this article or any part thereof shall, upon each conviction thereof, be punished by a fine or imprisonment, or both, such fine not to exceed $200 and such imprisonment not to exceed the term of 90 days.
No owner or operator of a public utility, having facilities underground, shall be granted a permit for the extension of its lines or the construction of a new line within the traveled way of Township roads, but all such extensions or new lines shall be laid or placed within the right-of-way of the Township line but on either side or both sides of the traveled way. Under special conditions, including major subdivisions, the Township Engineer may, with the approval of the Township Committee, grant a permit for extensions or new lines within the traveled way.
This article shall supersede and repeal all or any part of any prior ordinance inconsistent herewith and shall be duly advertised according to law and shall become effective immediately.
[Adopted 6-3-1991 by Ord. No. 91-4]
This article shall be known as the "Elsinboro Township Street Numbering Ordinance."
The purpose of this article is to provide for the assignment of street numbers to all principal buildings in the Township of Elsinboro to assist the general public and emergency services, public and private, in identifying buildings.
All dwelling houses, stores or other principal buildings erected or to be erected within the Township of Elsinboro shall display a house or building number assigned by the Construction Official according to a system approved by the Township Committee and as may be provided herein.
The owner, occupant or lessee of each and every house, store or other principal building which is assigned a street number as described herein shall, within three months of notification of the number, cause same to be permanently and conspicuously placed and maintained on the building as described hereafter:
A.
On, above or at the side of the main entrance door so that the number is discernible from the street. Whenever a building is more than 50 feet from the street or when the entrance is not visible from the street, the number shall be located along a walk, driveway or another suitable location that is discernible from the street.
B.
The numbers shall be:
(1)
Arabic numbers.
(2)
A minimum height of three inches.
(3)
Of contrasting color to the background on which they are mounted so as to be clearly visible.
(4)
At least 30 inches but no more than 15 feet above ground level and so placed that trees, shrubs and other obstructions do not block the line of sight of the numbers from the street or house.
A.
House and building numbers as described herein shall be assigned by the Construction Official according to a system approved by the Township Committee. All owners of existing buildings which shall be assigned a number shall receive said assignment by mail and be responsible for placing said number on the structure as described herein.
B.
Every owner, occupant or lessee of a house or building to be constructed shall receive, with their building permit, the assigned number, which shall be placed on the dwelling property within two weeks of receipt of same.
Any person who violates the provisions of this article, upon conviction thereof, shall be punished by a fine not exceeding $25. Each day following notification of such violation shall constitute a separate offense.
This article shall be enforced by the Construction Official, Zoning Officer or any other individual or entity having authority to file a complaint within the jurisdiction.
If any section, subsection, sentence, clause, phrase or portion of this article is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this article.
This article shall take effect immediately upon adoption and publication as required by law.