[Adopted by Ord. No. 7-1983 (Sec. 10-2 of the 1985
Revised General Ordinances)]
The purpose of this article is to provide standards and construction
procedures for all new and improved road construction in the Township consistent
with the goals and objectives of the adopted Master Plan and to assure a safe
and adequate circulation system for the citizens of the Township.
A.
The Township Engineer shall review and approve the plans
for construction of all proposed road improvements. The plans shall be prepared
by a professional engineer, licensed by the State of New Jersey.
B.
The construction plans submitted for review shall be
legibly drawn in plan and profile view together with cross-sections, details
and engineering calculations sufficient for a thorough review and adequate
for the proposed construction. Deviations from the approved plans shall not
be permitted until written approval is obtained from the Township Engineer.
C.
If the improvements are to be installed as part of an
approved subdivision or site plan, then the detailed construction plans approved
by the Planning Board and Township Engineer may be used to satisfy the requirements
of this section. The submission to the Township Engineer shall be accompanied
by approval reports for any local, county, state or federal agency having
an interest in the application and made a condition of subdivision or site
plan approval.
[Amended by Ord. No. 10-1983; Ord. No. 4-1989; Ord.
No. 03-2000]
A.
Section 100: General Provisions.
(1)
All installations shall follow good engineering and construction
practices, and shall comply with the standards of design and construction
set forth in the detailed drawings attached hereto. All road improvements
shall follow the construction practices as set forth in the latest English
unit edition of the "Standard Specifications for Road and Bridge Construction,"
by the State of New Jersey Department of Transportation (hereinafter referred
to in this section as the "Construction Specifications"), unless modified
herein, and any amendments or supplements thereto.
(2)
The contractor undertaking the work covered by this article
shall be qualified by experience to perform the type of work undertaken and
shall be prepared to submit proof of satisfactory work in other municipalities.
The contractor shall, on request of the Township, submit a written statement
indicating work schedules, commitments for the supply of materials, equipment
to do the work and its condition, list of past and present contracts, and
such other information and documentation as the Township may require.
(3)
The contractor shall have a full-time qualified superintendent
on the project at all times when work is being done on the improvements. The
name of the superintendent shall be furnished to the Township Engineer at
the preconstruction conference. This full-time superintendent shall be responsible
for all subcontractors.
(4)
The developer/applicant shall be responsible for the
contractor and the work product.
B.
Section 200: Earthwork. (Refer to Section 200 of the
Construction Specifications.)
(1)
The articles of Section 200 of the Construction Specifications
shall be strictly complied with. The applicant's attention is specifically
called to the provisions for removal of unsuitable material from the subgrade
and for adequate compaction of all fill.
(2)
Subbase material shall be placed in roadway areas to
eliminate unstable conditions. The Township Engineer shall inspect and direct
the installation of subbase material in its proper place.
(3)
The project shall be kept properly drained at all times
during construction of the subgrade.
(4)
The vegetation and underlying topsoil within excavation
and embankment areas shall be stripped. Tree stumps shall be grubbed out and
removed from the site.
C.
Section 300/400: Pavements. (Refer to Sections 300 and
400 of the Construction Specifications.)
(1)
Only those pavements shown on the detail drawing attached
to and made part of this article shall be permitted. Alternate pavements having
equivalent or better strength and performance characteristics may be permitted.
Applicants proposing alternate pavements shall include engineering data necessary
to demonstrate that such alternates are equal to or better than the pavements
required herein. The Planning Board may accept or reject a proposed alternate
after review and recommendation by the Township Engineer.
(2)
All materials and mixes used shall conform to current
New Jersey State Department of Transportation standards and shall be from
New Jersey State Department of Transportation approved sources of supply/manufacture.
(3)
Weather limitations imposed by the Construction Specifications
shall be followed.
(4)
The Township Engineer shall specify the rates and temperature
of application of bituminous materials when used. Any stone delivered to the
project and determined by the Township Engineer or his representative to be
unsatisfactory shall not be unloaded.
(5)
All pavement, regardless of type, shall be constructed
at suitable density. The Township Engineer shall inspect and determine whether
the density is suitable prior to proceeding with construction.
(6)
Paving shall not commence until the Township Engineer
approves the subgrade.
D.
Section 500: Bridges and Structures. (Refer to Section
500 of the Construction Specifications.)
E.
Section 600: Incidental Construction. (Refer to Section
600 of the Construction Specifications.)
(1)
Underdrain shall be constructed where necessary as construction
progresses. The Township Engineer shall inspect and determine whether underdrain
is necessary.
(2)
Only new reinforced concrete culvert pipe of the proper
class shall be used.
(3)
All materials shall be from a source of supply approved
by the New Jersey Department of Transportation and shall be so marked where
applicable.
(4)
Backfill of pipe trenches and areas around road structures
shall be as required in the Construction Specifications.
(5)
Pipes are to be laid true to line and grade, as established
by the approved plans, and no curvature or departure from a perfectly straight
alignment either vertically or horizontally shall be permitted.
(6)
Manholes and inlets are to be constructed so that castings
bear evenly on all supporting walls. Cocked or unevenly supported castings
shall not be permitted. Proper channels must be poured in all drainage structures,
and pipes are to be cut off flush with structure walls.
(7)
All curbing is to be constructed on a firm and thoroughly
tamped subgrade. No departure from true alignment and grade shall be permitted
nor shall cracked or otherwise damaged curb be approved. Expansion joints
are to be placed at twenty-foot intervals and false joints at the mid-point
of each curb section. The full depth of curbing 20 inches must be provided
under "depressed" driveway openings. Location of curbing shall be as indicated
on the detail sheet.
(8)
Headwalls and inlets are to be cast in place. No precast
structures are allowed, unless approved by the Township Engineer.
(9)
The type of guiderail shall be as specified on the plans
and as approved by the Planning Board or Township Engineer for the project.
Guiderails shall be constructed only by an experienced contractor.
(10)
The Township Engineer is to be consulted for approval
of the design criteria for items such as storm sewer sizing, and spacing and
locations of inlets.
F.
Section 700: Electrical. (Refer to Section 700 of the
Construction Specifications.)
(1)
All utility trenches, including electrical service, storm
sewers, telephone lines or similar services, are to be backfilled as directed
by the Township Engineer. All road crossings shall be completed and backfilled
with select fill prior to commencement of the paving operation.
G.
Section 800: Landscaping. (Refer to Section 800 of the
Construction Specifications.)
(1)
Removal of trees larger than six inches in diameter shall
require the approval of the Township Engineer. Fill may not be placed around
trees, and tree wells are to be provided where necessary. Trees to remain
within the improvement project limits are to be trimmed, as directed by the
Township Engineer.
H.
Section 900: Materials. These sections of the Construction
Specifications shall be complied with unless the Township Engineer determines
that compliance with them is unnecessary under the particular circumstances.
In the event the Township Engineer waives compliance of any of the provisions
of these sections, he shall keep a written record stating the specific reasons
compliance is not necessary.
I.
Section 1,000: Items of Construction Not Specifically
Mentioned.
(1)
Improvements necessary to the proposed project or required
for the project and not specifically covered by the Construction Specifications
or by this article shall follow normally accepted standards for the design
and construction of those improvements currently in use in the area. Examples
of items under this category are stormwater detention-retention devices, drainage
swales, recharge wells, filter berms and others. Improvements of this nature
shall be based on design criteria currently being used in the Township as
specifically approved by the Township Engineer.
(2)
Unique or unusual engineering solutions to problems,
or for improvements under the purview of this article, shall be reviewed on
a case-by-case basis, and the applicant may be requested to supplement his
submission of plans with proof that the solution has functioned satisfactorily
elsewhere.
[Amended by Ord. No. 10-1983; Ord. No. 8-1988; Ord.
No. 4-1989; Ord. No. 5-1991; Ord. No. 06-2000]
A.
Design standards.
(1)
All roads shall have a minimum grade of 1%.
(2)
(3)
Street grades at intersections shall not exceed 4% for
a minimum horizontal distance of 100 feet from the intersection of both center
lines to the beginning of a vertical curve (PVC).
(4)
All changes in grade shall be connected by vertical curves
of sufficient length to provide a smooth transition and adequate sight distance.
(5)
Street intersections shall be constructed as nearly at
right angles as possible and in no case at any angle less than 60°. Opposing
street intersections shall have a minimum center line offset at 150 feet.
(7)
A minimum tangent of 100 feet shall be used between reverse
horizontal curves for all classes of roads.
(8)
Cul-de-sac streets shall be provided with an improved
turnaround at the end, the pavement of which shall have a minimum outside
radius of 50 feet, and the right-of-way of which shall have a minimum radius
of 63 feet. The turnaround should be tangent, whenever possible, to the right
side of the cul-de-sac street.
(9)
Sidewalks, if required, shall be four feet wide, four
inches in depth and constructed of Class "B" concrete on a base of four inches
of gravel. Sidewalks at driveways shall be at least six inches in depth with
steel bars or steel wire mesh placed for reinforcing.
(10)
Under unusual conditions, the Planning Board may, upon
the recommendation of the Township Engineer, approve deviations from the design
standards set forth in this section.
B.
Right-of-way and pavement width.
Right-of-Way
(feet)
|
Cartway
(feet)
|
Shoulders
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---|---|---|---|---|
Class I collector
|
50
|
26
|
As required
| |
Class II local road
|
50
|
22
|
As required
| |
Class III common driveway
|
50
|
16
|
As required
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The width and composition of the shoulder shall be determined by the
Planning Board in the case of subdivisions or site plans, or the Township
Engineer in all other cases, and shall depend upon safety, traffic, drainage,
topography, natural growth, environmental conditions, and existing structures.
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C.
Class III common driveways.
(1)
A subdivision of not more than three building lots, exclusive
of remaining land, each consisting of at least five acres and each with a
minimum frontage of 200 feet on a common driveway or 100 feet on a turnaround
at the end of a cul-de-sac is permitted to have access along a common driveway
(heretofore called a "Class III common driveway") which shall be constructed
and maintained for the private use of the owners of the lots for ingress and
egress to the public road. Not more than three lots shall be served by a Class
III common driveway.
(2)
A Class III common driveway shall not be permitted as
part of any major subdivision until such time as the road serving the subdivision
has been officially accepted by the Township.
(3)
The Planning Board may, upon appropriate application, review and approve a request to allow the access of not more than two additional lots to the Class III common driveway instead of constructing a driveway directly to the public road; provided, however, the two additional lots shall also have frontage which complies with Chapter 400, Zoning, along the public road to which the Class III common driveway connects. The Planning Board shall give consideration to any special or unusual circumstances arising due to the sight distances, traffic conditions, topography, shape, length and/or any other natural features pertaining to the lots for which approval is sought which would substantiate permitting a more reasonable access to the public road also over the Class III common driveway.
(4)
Any minor subdivision which shall utilize the Class III common driveway for access to the public road shall locate the Class III common driveway within a strip of land not less than 50 feet in width which strip shall be owned by one of the adjoining lots to be served by the Class III common driveway. The fifty-foot-wide strip shall not be owned by one of the lot owners on either side of the Class III common driveway which have the public road frontage. The Class III common driveway shall also have a turnaround with dimensions in accordance with the requirements of Subsection A above, and surface in accordance with the detail sheet, and the turnaround shall be located no closer than 200 feet required as frontage for either building lot on each side of the Class III common driveway.
(5)
All deeds for lots having access to the Class III common
driveway shall have a clause included to the benefit of each of the lot owners
as follows:
The above described tract shall have an easement to the public road
over a Class III common driveway located on the lands of Lot __________.
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COMMON DRIVEWAY EASEMENT
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The Grantors are the owners in fee simple of real property known and
identified on the tax map of the Township of Lebanon, Hunterdon County, New
Jersey, as Tax Block _____, Lot _____.
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Utilities and access to Block _____, Lots _____, _____, _____ shall
be over a common driveway and easement and maintained by the owners of Lots
_____, _____. Once the owners of each lot has a Certificate of Occupancy in
effect, that lot owner shall be responsible for the maintenance, etc., as
set forth herein.
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The Grantors intend for the driveway maintenance obligations, rights,
responsibilities, and easements as herein created to become effective upon
the recording of this deed and to be binding upon the Grantors, their successors
and assigns and the Grantees and their heirs and assigns.
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Joint Driveway and Utility Easement for Block _____, Lots _____. The
Grantors herein grant, convey and establish for the benefit of those lands
identified as Block _____, Lots _____, _____ an easement for vehicular and
pedestrian ingress and egress to and from said lots and over, through and
across the portion of Lots _____, _____ (hereinafter "Access Easement") the
center line is more fully described in Schedule A.
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Maintenance Obligations. The owners of Lots __________ shall maintain
the common driveway to a minimum of Class III standards so that the driveway
may have access for emergency vehicles from __________ Road to the driveway
leading to lots _____, but once the Owners of Lots __________ have Certificates
of Occupancy in effect, they shall also become responsible for the maintenance
and repair including snow plowing, and leaf removal of the driveway and other
drainage improvements constructed within the easement created. The Owners
of Lot _____ shall have the right to effect repairs, grade, add stone, add
utilities, alter drainage and otherwise perform any and all maintenance needed
to preserve complete and total access over, on, above, below and through the
Access Easement. The owners shall meet annually at a minimum and more often
if necessary to review what must be done and arrange for persons to perform
the work or to secure subcontractors. The formula for sharing cost shall be
as follows:
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A.
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That portion over Lot _____ shall be paid by the owners of Lots __________
a distance of _____ feet.
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B.
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That portion over Lot _____ from the 12 foot driveway to __________
Road a distance of _____ feet shall be paid by the owners of Lots __________.
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Any and all use of the Access Easement by the Owners of any lot shall
be compatible with and not interfere with the use of the Easement Area by
the Owners of the other Lots.
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No Dedication. Nothing contained herein shall be deemed to constitute
a gift, grant, or dedication of the Access Easement to the general public
or for any public purpose whatsoever, it being the intention of the Grantors
that this easement will be strictly limited and applicable to the Owners of
the lots.
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Legal Effect. Each of the obligations, rights, responsibilities, and
easements created or imposed are appurtenant to the Lots and may not be transferred,
assigned, or encumbered except as an appurtenance to the Lots. Each covenant
contained in this document: (a) is made for the direct, mutual, and reciprocal
benefit of the Lots; (b) creates mutual equitable servitudes on the Lots in
favor of each other; (c) constitutes a covenant running with the Lots; (d)
binds each Owner now having or hereafter acquiring an interest in the Lots;
and (e) will inure to the benefit of each and all of the Owners and each Owner's
successors, assigns, and mortgagee.
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Default; Remedies. The provisions herein will be enforced as follows:
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(a)
|
Notice of Default. An Owner will not be in default unless the Owner
has received written notice from another Owner specifying the nature of such
default and has failed to cure or commence appropriate action to cure such
default within the time herein provided, or thereafter fails to diligently
pursue and complete such cure.
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(b)
|
Self-Help. In the event any Owner defaults in the performance of any
of the provision of this easement, any other Owner will have the right, without
being obligated to do so, to enter upon the portion of the Access Easement
of such defaulting Owner and perform the obligations of the defaulting Owner
hereunder; provided, however, that written notice of such intention, specifying
the nature of the alleged default and actions to be performed, has been given
to the defaulting Owner not less than 10 days prior to the commencement of
such action, or not less than 24 hours prior to such commencement if, in the
reasonable judgment of the Owner giving notice, such default is of any emergency
nature. During such ten-day or twenty-four-hour period, as the case may be,
the defaulting Owner will have the right to perform, pay his share, or commence
performance of an action appropriate to remedy such default and, provided
such action is diligently pursued and carried to completion, the right of
such other Owner to perform the obligation of the defaulting Owner will terminate.
If an Owner elects to perform the action to have been performed by a defaulting
Owner, on completion of such action, or from time to time, if the action is
of a continuing nature, an itemized statement of the cost thereof may be submitted
to the defaulting Owner and the amount thereof will be immediately due and
payable by the defaulting Owner, which amount will bear interest at the prime
rate, as reported at the beginning of each calendar quarter in the Wall Street
Journal, plus 2% per annum, from the date of any expenditure until paid.
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(c)
|
Injunctive Relief and Specific Performance. In the event any violation
or threatened violation by any Owner of any of the provisions of this easement,
in addition to the right to collect damages, each Owner will have the right
to enjoin such violation or threatened violation in a court of competent jurisdiction.
Prior to the commencement of any such action, written notice of the violation
will be given to the Owners claimed to have committed such violation. Further,
the obligations, rights, responsibilities and easements may be specifically
enforced.
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(d)
|
No Termination. No default or other breach will entitle any Owner to
cancel, rescind, or otherwise terminate this easement. The foregoing limitation
will not affect, in any manner, any other right or remedy which any Owner
might have by reason of any breach of this easement.
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Binding Effect: The Grantor, for itself and future owners of any part
of the Lots, declares and agrees that the provisions herein will be binding
on the Owners of the Lots and their respective successors, assigns, and mortgagees,
to the extent herein provided.
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[Amended by Ord. No. 10-1983]
A.
All improvements, including electric, gas, sewer and
water lines, shall be installed under the inspection of the Township Engineer,
the cost of the inspection thereof to be borne by the applicant.
(1)
Inspection costs shall be computed by the Township Engineer in accordance with the schedule contained in Chapter 330, Subdivision of Land.
(2)
Such inspection fee, in the form of cash or certified
check, shall be deposited with the Clerk of the Township before the commencement
of any construction. Any unexpended portion of the inspection fee shall be
returned to the developer, or the developer shall reimburse the Township for
inspection costs which exceed the inspection fee.
(3)
For the purpose of establishing fees, the applicant's
engineer shall furnish to the Township Engineer an estimate of the cost of
the improvements based on prices currently common to municipal-type contracts
in the area.
B.
Notification of Township Engineer. At least two weeks
prior to the start of construction, the applicant shall notify the Township
Engineer in writing, with a copy to the Municipal Clerk and Planning Board
Clerk, of the date when construction will begin, so that a preconstruction
conference can be held and inspections may be scheduled by the Township Engineer.
C.
Failure to meet specifications.
(1)
If, during the installation of any required improvements,
the developer fails to meet specification requirements or to correct unacceptable
work, the Township Engineer shall notify the developer orally of the developer's
failure to comply, and the Township Engineer shall discontinue any further
inspection of the construction improvements. The Township Engineer shall confirm
in writing by certified mail to the developer, return receipt requested, the
action that has been taken and shall request that a construction conference
with the contractor and developer be scheduled prior to the commencement of
any additional inspections.
(2)
If, within 10 days of the date of receipt of the notice,
the developer fails to perform in accordance with the Township Engineer's
directions, the Township Engineer shall notify in writing the Township Council
which, in turn, shall cause the issuance of a stop order on further construction
and take such remedial action as the circumstances require.
D.
Any improvements installed and not inspected by the office
of the Township Engineer will not be accepted into the Township road or improvement
system.
(1)
A change in contractor(s) shall require a new preconstruction
conference.
(2)
Where required by the Township Engineer, samples of concrete
or any other materials used in the course of construction may be taken and
tested in a Township approved testing laboratory, with the cost of the laboratory
analysis to be paid by the developer or applicant independent of the inspection
deposit.
E.
The developer/applicant shall provide and file with the
Township one set of as-built improvement plans and profiles on Mylar showing
the actual in place construction of all improvements, as approved, prior to
the granting of final subdivision and/or site plan approval and/or prior to
the initial acceptance of the work. For site plans, as-built drawings will
be required for all work which is within public rights-of-way, or which would
be maintained by the Township, or which would affect off-site drainage.
H.
The applicant and his contractor shall carry such insurance
as may be required by Lebanon Township.
I.
This section shall apply in detail to any work which
will be within a public right-of-way or which might in the future be expected
to be taken over for maintenance by the Township. For other work such as interior
improvements for site plans and developments on which the improvements will
not be maintained by the Township or which do not affect off-site drainage,
the inspection by the Township Engineer will be on a periodic basis with the
intent being to notify the developer if inadequate workmanship or materials
are observed and leaving the correction of such conditions to the developer
and his contractor. No deeds for subdivisions shall be stamped as approved
for a minor subdivision and/or no certificate of occupancy, whichever is applicable,
shall be issued unless all of the improvements, both public and private, shall
have been installed in accordance with the approved subdivision and/or site
plan.
The detail sheet drawing Exhibit "A" shall be available for inspection
or purchase at the office of the Township Clerk and Planning Board Clerk during
regular business hours.