[HISTORY: Adopted by the Township Committee
of the Township of Carneys Point as indicated in article histories.
Amendments noted where applicable.]
[Adopted 12-27-1938 as Ord. No. 35]
[Amended 10-4-2017 by Ord. No. 928]
All curbs, gutters, sidewalks and/or coping constructed in the
streets and roads of the Township shall conform to the following dimensions
and specifications. Please also reference the diagram attached at
the end of this chapter marked SK-2: Curb, Sidewalk and Driveway Details
for New Construction for specifications.[1]
[1]
Editor's Note: Said diagram is included as an attachment to this chapter.
[Amended 5-20-1985 by Ord. No. 393]
The dimensions of combination curb and gutters
shall be eight inches at the top of the curb, with the face of the
curb on a one-and-one-half-inch batter, six inches deep to the gutter
and 12 inches deep in the back. The gutter shall be six inches thick
and extend 24 inches from the back of the curb. Corners at curb intersections
are to be rounded with a curve of at least a twelve-foot radius except
by permission of the Township Committee upon recommendation of the
Township Engineer. Galvanized armor bar shall be placed on all curved
curbs at intersections. It shall be inset so that it comes flush with
the concrete and shall be held in place until the concrete about it
has hardened sufficiently to prevent displacement. Gutters on curves
shall be eight inches thick.
[Amended 10-4-2017 by Ord. No. 928]
Should a separate curb be installed, the dimensions for a separate
concrete curb shall be six inches wide at the top and eight inches
at the bottom, and the depth of the curb shall be 20 inches. Where
sidewalks and curbs abut, they shall be separated by an expansion
joint of 1/2 inch in size, the same as used in the curbs.
The forms for the concrete shall be of clean
lumber not less than two inches thick or standard metal forms except
on curves where flexible strips may be used. They shall be set true
to grade and line and oiled on the surfaces which come in contact
with the concrete.
All materials used in the construction of the
curbs and gutters shall meet the requirements of the specifications
governing materials of the State Highway Department and shall be manufactured
in the United States.
[Amended 8-9-1965 by Ord. No. 183]
A.
All concrete for curbs, gutters and sidewalks shall
be ready-mixed concrete unless otherwise approved by the Engineer.
In either case, concrete shall be equal to New Jersey State highway
specifications for Class B concrete for curbs and gutters and for
Class C concrete for sidewalks. Curb and gutter concrete shall contain
at least 6 1/2 sacks of cement per cubic yard of concrete and
shall obtain a strength of at least 4,000 pounds per square inch in
28 days. Sidewalk concrete shall contain at least six sacks of cement
per cubic yard of concrete and shall obtain a strength of at least
3,500 pounds per square inch in 28 days. All concrete shall have a
maximum water content of 5 1/2 gallons per sack of portland cement,
including free water contained in its aggregates. Concrete shall have
a slump of between two and four inches, with a maximum of a three-inch
slump for concrete curbs.
B.
Air-entraining agents shall be used to provide an
air content of 6%, plus or minus 1%.
C.
For ready-mixed concrete, the producer shall certify
that the concrete meets the above specifications, including the quantities
of materials used in making the concrete, together with the designed
slump and air content.
D.
Job-mixed concrete will not be permitted except under
special conditions. Job-mixed concrete shall produce concrete equivalent
to ready-mixed concrete, and the mixing and equipment shall meet the
approval of the Township Engineers.
The concrete shall be placed in the forms to
make a monolithic slab that is the same mixture throughout. The forms
may be stripped in 24 hours, and then the concrete may be kept covered
with wet hay or wet burlap and kept moist for at least five days,
with seven days advised.
Expansion joints shall be constructed every
20 feet and placed across the curb and gutter and/or sidewalk and/or
coping the full width of the concrete. The joint shall be of bituminized
felt or sheets of solid bitumen such as is used in standard pavement
expansion joints and shall meet the requirements of the State Highway
Department, and it shall be not less than 1/2 inch in thickness. Where
sidewalks and curbs abut, they shall be separated by an expansion
joint of 1/2 inch in size, the same as used in the curbs.
[Amended 10-4-2017 by Ord. No. 928]
All sidewalks shall be at least four inches thick and shall
contain the same mix as is required for curb and gutters and shall
be not less than five feet in width except driveways hereinafter provided
for.
[Amended 12-20-2017 by Ord. No. 930]
All driveways shall be at least eight inches thick and shall
be constructed of the materials and proportions as are acceptable
to the Township Engineer or Public Works Manager. Driveways shall
start at the outer edge of the gutter and extend to the property line.
The curb on driveways shall rise two inches above the gutter at the
gutter line.
Any person or persons who is to construct any
concrete work under the provisions of this Article shall make application
to the Township Committee through the Building Inspector before constructing
any curbs, gutter, sidewalk and/or coping in the streets or roads
of the Township stating the location, owner and approximate dimensions.
The Township Committee shall provide lines and grades for all curbs,
gutters, sidewalks and/or coping, and no curbs, gutters, sidewalks
and/or coping shall be constructed until such lines and grades are
given. The Township Engineer shall provide a certificate showing that
said lines and grades have been given by him. The ower and/or the
contractor shall provide a certificate to the Township Committee that
the curb, gutter, sidewalk and/or coping has been constructed in strict
conformity with the above specifications, lines and grades and inspected
and signed by the Building Inspector.
[Amended 8-16-1954 by Ord. No. 105; 8-9-1965 by Ord. No.
183; 9-10-1980 by Ord. No. 341]
The person who constructs any concrete curb
and gutter, with the approval of the Township Committee, under the
provisions of this Article shall receive a rebate after the filing
of a certificate with the Township Committee showing that the work
conforms to lines and grades and specifications as provided in this
Article. The rebate shall be $2 per linear foot for six-inch curb
and eight-inch gutter. No six-inch concrete gutters shall be constructed
after the date of this Article. No rebate will be made for concrete
sidewalks.
[Added 9-10-1980 by Ord. No. 341]
No person shall erect any dwelling, business
or industrial structure on a lot fronting on a public street in the
Township of Carneys Point without first constructing a curb and gutter
in front of the property on which the building is located.
[Added 9-10-1980 by Ord. No. 341]
Every applicant for a building permit shall,
on the plot plan submitted herewith, indicated thereon the location
of curbs and gutters and, if required, pavement.
[Amended 9-10-1980 by Ord. No. 341]
Before applying for a building permit, each
applicant governed by the provisions of this Article shall obtain
from the Township Engineer lines and grade, and all curbs and gutters
and road improvements made shall be to the line and grade so established
by the Township Engineer.
[Amended 9-10-1980 by Ord. No. 341; 12-20-2017 by Ord. No. 930]
The person or persons constructing any concrete curb, curb and
gutter, sidewalk and/or coping shall make application to the administrative
authority for a permit to construct such concrete work and shall pay
a fee of $35 with the application.
[Added 9-10-1980 by Ord. No. 341]
No certificate of occupancy for any building
shall be granted by the Building Inspector until and unless the construction
of curbs and gutters is completed and approved as to location, grade,
materials and workmanship after inspection thereof by the designated
Township official.
[Amended 9-10-1980 by Ord. No. 341; 5-20-1985 by Ord. No.
393]
Any person violating any of the provisions of
this Article shall be subject to a penalty of imprisonment of a term
not exceeding 90 days or a fine not exceeding $1,000, or both.
[Adopted 1-28-1987 by Ord. No. 413[1]]
[1]
Editor's Note: This ordinance also repealed
former Art. II, Street Openings, adopted 6-9-1976 by Ord. No. 279,
as amended, and Art. III, adopted 10-12-1983 by Ord. No. 372, as amended.
It shall be unlawful for any person, firm or
corporation to disturb, tear up, obstruct, damage or destroy any Township
road in any manner whatsoever by any vehicle of any kind or by any
drag attached thereto or by any other implement or appliance.
It shall be unlawful for any person, firm or
corporation to fill up the gutters along any Township road or to obstruct
or damage any Township road by spilling or throwing stones, dirt or
other materials thereon.
As used in this article, the following terms
shall have the meanings indicated:
Any and all roads, highways, streets or avenues owned or
under the control of the Township of Carneys Point for the full width
thereof.
No person, firm, partnership or corporation
shall open or dig a trench in any public road, street or highway of
this Township without having first done each of the following:
A.
Made a written application therefor to the Township
of Carneys Point in the County of Salem, on forms to be provided by
it, and supplied a map or sketch of the project.
B.
Paid the proper fee and escrow to said Township for such opening or trench, in the amount specified by § 182-26.
C.
Given the Township a cash or surety company bond, in the amount specified by § 182-25, to guarantee that the opening or trench made by the permittee will be properly closed. Upon completion of the work in a satisfactory manner, the performance bond or cash will be released in return for a maintenance bond or cash to guarantee that the road, street or highway over the opening or trench will remain in good condition for at least one year after the closing by the permittee. The minimum amount of each maintenance bond shall be 25% of the amount of the performance bond but shag not be less than $50. A utility company may, in lieu of giving a separate performance bond and a separate maintenance bond on each project, keep in continuing effect and posted with the Township Clerk a combination performance and maintenance bond for $10,000 by the permittee and a surety company licensed to do business in New Jersey, which bond shall guarantee both performance and maintenance by the utility company in regard to street openings as required by this chapter and shall be approved as to form by the Township Solicitor.
D.
Received from the Township a written permit for the
specific opening or trench.
No person, firm or corporation shall direct
or cause any employee, agent or contractor of such person, firm, partnership
or corporation to open or dig a trench in any public road, street
or highway until a written permit for such opening or trench has been
issued by the Township.
[Amended 4-23-1997 by Ord. No. 611; 2-13-2002 by Ord. No.
712]
Each permittee shall, for each opening or trench
for which the permittee is responsible:
A.
Have the trench or opening dug promptly after the
permit aforesaid is granted.
B.
Have the material which is taken from the opening
or trench placed so as not to interfere with vehicular and/or pedestrian
use of the street and/or highway.
C.
Have proper and ample guards, barricades, signs and
lights maintained on the site to sufficiently warn users of the road,
street or highway of the dangers attendant to the project, from the
time the excavation is begun until the time the opening or trench
is completely restored and reopened to public travel.
D.
Assume full liability for any and all injuries caused
by the negligence of the permittee or the employees or agents of the
permittee in constructing such opening or trench as well as in its
maintenance or closing.
E.
Keep said opening or trench open a minimum period
of time to accomplish the purpose of the permittee and close such
opening or trench as soon as possible thereafter.
F.
Comply with the following standards for such openings
and trenches in public roads, streets and highways:
(1)
Protection for traveling public. The permittee shall
keep such opening or trench properly guarded and at night have lights
placed thereat and, in doing the work, interfere as little as possible
with the travel along the road and open no greater part of the road
at any time than shall be allowed by the permit.
(2)
Protection from suits. The permittee shall save harmless
said Township of Carneys Point, its officers and servants from and
against any loss, injury or damage resulting from any negligence or
fault of the permittee, his agents or servants in connection with
the performance of the work covered by the permit.
(3)
Time limit. The opening or trench shall be backfilled and semipermanently patched immediately, and, when appropriate, in accordance with the requirements of Subsection F(7)(g) hereof. In case the work has not been completed before the day of expiration, as shown on the permit, and the permittee has not obtained a new permit, the Township may, if it deems advisable, take steps to backfill the trench and replace a permanent pavement over the opening for which the permit has been issued.
(4)
Maintenance. The restoration of the opening or trench
shall be maintained by the permittee for one year after completion.
(5)
Excavation.
(a)
Except in the case of emergency, the applicant
shall give a forty-eight-hour notice to the Superintendent of Public
Works and the Township Engineer prior to making an opening.
(b)
No opening shall be commenced on a Saturday,
Sunday or holiday, except in case of emergency.
(c)
On a bituminous-surface-treated road, the edges
of the opening shall be cut straight through the bituminous surface
before the trench is excavated.
(d)
The work shall be so conducted as not to interfere
with the water, sewer or gas mains or any connections with buildings
until permission of the proper authorities shall have been obtained.
No excavation which will damage trees shall be made without the approval
of the Township Engineer.
(6)
Backfilling. Before commencing any backfilling at
the excavation, the permittee shall arrange for an inspection by the
Superintendent of Public Works for Carneys Point Township. Backfilling
at the site shall not commence until the approval of the Superintendent
of Public Works is granted. All excavated material shall be removed
from the site and new select material, Zone 3, shall be used to backfill
the excavation. Backfill material shall be placed in layers not exceeding
12 inches in depth with each layer being mechanically tamped until
thoroughly compacted with a Jumping Jack Compactor or equivalent.
(7)
Restoration of surface paving and surface paving foundation.
After the backfilling of the opening or trench has been completed,
as above specified, the restoration of the pavement shall be governed
by the following applicable rules:
(a)
In the case of any opening or trench in an earth
shoulder, the permittee shall restore the top four inches of the trench
or opening with material capable of supporting the growth of grass
and shall fertilize and seed the surface with grass seed.
(b)
In the case of a gravel pavement, the permittee
shall fill in the top 12 inches of the excavated trench or opening
with compacted state-approved 1-5 road gravel.
(c)
In the case of a penetration macadam road which
consists of broken stone of various sizes, the permittee may salvage
the broken stone and replace it in the top of the trench similar to
the original pavement and cover it with two inches of hot-mixed bituminous
concrete.
(d)
In the case of a gravel-based bituminous concrete
road, the permittee shall restore the surface with eight inches of
compacted state-approved 1-5 road gravel covered with two inches of
bituminous stabilized base, Mix I-2, and two inches of FABC-1, Mix
1-5, top pavement or surface and base similar to existing road, whichever
is greater.
(e)
In the case of bituminous-treated gravel road,
the permittee shall restore the surface with 12 inches of compacted
state-approved 1-5 gravel covered with two inches of FABC-1, Mix 1-5.
(f)
In the case of a concrete surface, the permittee
shall reconstruct a concrete foundation and shall restore the reinforcement
and the concrete pavement as directed by the Township Engineer.
(g)
When asphalt or concrete surface is excavated,
the permittee shall place semipermanent patch on the opening using
RR Patch (cold patch) upon completion of excavation and proper compacting
of all material. Semipermanent patch shall remain in place for a minimum
of 60 days but not more than 120 days.
(h)
In all instances, the permittee shall provide
for sealing all permanent patches with flexible material which will
prevent water from penetrating into the patched area.
(i)
In the case of any special condition, the permittee
shall restore the trench or opening as directed by the Township Engineer.
(j)
In any case, if the Township is required to restore the pavement,
the charges shall be billed to the permittee on the completion of
the work by the Township. In addition to any other costs billed pursuant
to this subsection, the permittee shall pay an administrative fee
of $500 to the Township. Please reference the diagram attached at
the end of this chapter marked SK-1: Trench Backfill and Pavement
Restoration Details for all applicable specifications concerning trenches.[1]
[Amended 10-4-2017 by Ord. No. 928]
[1]
Editor's Note: Said diagram is included as an attachment to this chapter.
A.
Each applicant for a permit for such opening or trench
shall post a cash or surety company bond with the Township to cover
the estimated costs of closing the particular opening or trench for
which the application is being made, according to the schedule of
estimated costs as from time to time may be set by the Township Committee.
B.
Each such surety bond shall be executed by the permittee
as principal therein, and the surety company shall be the surety therein,
which surety company shall be one licensed to do business in the State
of New Jersey.
C.
Upon completion of the project by the permittee and the restoration of the public road, street or highway, in accordance with this article, the permittee shall receive back his said performance bond upon proper written application therefor and upon approval thereof by the Township Committee and upon posting of the maintenance bond or cash described in § 182-22.
[Amended 2-13-2002 by Ord. No. 712; 10-6-2010 by Ord. No. 848]
A.
Each applicant for a permit for repairs shall pay a permit fee of
$100 and an inspection fee of $150. Said fees shall be nonrefundable.
The inspection fee shall be utilized to defer the inspection cost
of the Township and shall be made payable to the Township separately
from the permit fee by cash or certified check.
B.
Each applicant for a private road opening permit shall pay a permit
fee of $100 and post an escrow with the Chief Municipal Finance Officer
for Carneys Point Township $250, plus $8 per square foot of opening
in asphalt or concrete surfaces. For all surfaces other than asphalt
or concrete, the escrow shall be $250, plus $2 per square foot of
opening. The escrow deposited pursuant to this section shall be remitted
by cash or certified check and be paid separately from the permit
fee. Said escrow shall be used by Carneys Point Township in order
to restore the excavation in the event that the permittee does not
do so in compliance with all provisions of the Carneys Point Township
Code. Once the opening has been closed with permanent patch for one
year, the escrowed funds shall be released to the applicant, provided
that the permanent patch is in a satisfactory condition as determined
by the Carneys Point Township Superintendent of Public Works. The
fee and escrow required under the provisions of this section shall
accompany the application when it is initially filed with the Township
or its representative.
[Added 10-24-1990 by Ord. No. 497; amended 10-6-2010 by Ord. No.
848]
A.
"Utility," as used in this article, shall mean any system, such as
water, sewer, electricity, telecommunications, etc., which services
the public.
B.
Each applicant for a road opening permit for the construction of utilities shall pay a permit fee of $100 plus escrow fees. The applicant shall post an escrow with the Township Treasurer in the amount of 3% of the approved cost of construction. Said escrow account shall be utilized to pay for all professional services which shall be required in order to administer Chapter 182 of the Carneys Point Township Code as it affects the proposed street opening, including engineering, legal and other expenses connected with the application. The applicant shall pay the permit fee and application by two separate checks to the Township.
C.
Said escrow shall be administered by the Township Treasurer as follows:
Whenever engineering, legal or other services are rendered in connection
with an application made by a public utility, said expenses shall
be paid from the escrow posted by the public utility. Notice of such
payment shall be provided, in writing, to the public utility. Said
notice shall advise the public utility as to the service rendered,
the date the service was rendered and the location of the street opening.
The public utility shall then reimburse the escrow in an amount equal
to the expenses paid from the escrow. Said reimbursement shall be
made within 30 days of the date that notice is provided to the utility.
D.
In the event that there shall be a dispute between the Township and
the public utility as to the validity of any charge or expense paid
from the escrow established under this section, notice of such must
be provided by the public utility to the Township Treasurer within
30 days of the date that the public utility receives notice of the
charge or expense which is disputed. Any dispute shall be resolved
by the Township Committee in its sole discretion.
Unless otherwise specified for the Road Supervisor,
the Township Engineer shall be the agent and representative of this
Township to:
A.
Receive all applications, fees and bonds hereunder.
B.
Inspect the sites of the proposed openings or trenches.
C.
Inspect openings or trenches, warning guards, barricades,
signs and lights maintained or to be maintained at the respective
sites by the permittee.
D.
Inspect the closing of openings or trenches and the
restoration of public roads, streets and highways.
E.
Notify the permittee or the Township, or both, of
any failure, refusal or neglect on the part of the permittee or his
employees or representatives to comply herewith.
F.
Make complaint of and prosecute for and on behalf
of the Township any offense under this Article.
G.
Administer the provisions of this Article for and
on behalf and in the name of this Township, under the direction of
and for the Township Committee.
H.
Inspect the trench opening at the end of the maintenance
period and report any discrepancies. Upon receipt of a favorable report
with respect to the condition of the trench opening from the Road
Supervisor, the Township Committee shall discharge the maintenance
bond or return the cash deposit, as the case may be.
Nothing in this Article shall be understood
or construed by any permittee or other person to absolve any permittee
or his employees, agents or contractors of any responsibility for
any damage done to any person or property in opening or digging a
trench in any public road, street or highway.
[Amended 10-4-2017 by Ord. No. 928]
Any person violating or failing to comply with
any of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not more than $500 or by imprisonment for
a term not to exceed 90 days, or by both such fine and imprisonment,
in the discretion of the judge. The continuation of such violation
for each successive day shall constitute a separate offense, and the
person or persons allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense. The Township
Director of Public Works and Township Engineer shall be authorized
to update the details and specifications herein as needed.[1]
[1]
Editor's Note: Former Art. II, Closing of
Streets, which immediately followed hereafter, adopted 10-12-1983
as Ord. No. 372, as amended, was repealed 1-28-1987 by Ord. No. 413.
