The Township of East Brunswick was established in 1860. Since January 1, 1965, the
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Appendix (A)
Trees Acceptable for Street Tree Plantings (To Be Developed) (B) Trees not Acceptable for Street Tree Planting (To Be Developed) (C)
Design Standards for new Sub-Division Plantings (To Be Developed) (D) Right of Entry Agreem ent (To Be Developed) 18104
6-91 & 185-1 SOIL REMOVAL & 185-1 Chapter 185 SOIL REMOVAL & 185-1. Definitions. & 185-2. Permit required; exceptions. & 185-3. Applications; information required. & 185-4. Consideration of application. & 185-5. Appeals. & 185-6. Bond requirements. & 185-7. Regulations. [HISTORY: Adopted by the Township Council of the Township of East Brunswick 7-24-62 and as Sec. 20-5 of the Revised General Ordinances. Amendments noted where applicable.] GENERAL REFERENCES Uniform construction codes - See Ch. 75. Building contractors - See Ch. 78. Dum ps and dum ping - See Ch. 88. Garbage, rubbish and refuse - See Ch. 114. Land use procedures - See Ch. 132. Littering - See Ch. 137. Public health nuisances - See Ch. 150. Streets and sidewalks - See Ch. 189. Design guidelines and standards - See Ch. 192. Zoning - See Ch. 228.
As used in this chapter, the following term s shall have the m eanings indicated: REDISTRIBUTION - Any change or alteration in the grade of any property. SOIL - Earth, sand, clay, loam , gravel, hum us, rock or dirt, without regard to the presence or absence of organic m atter. 18501 12-85
& 185-2 EAST BRUNSWICK CODE & 185-4 & 185-2. Permit required; exceptions. A. No person shall excavate or cause to be excavated, changed or altered or allow the excavation, change or altering of any soil, or change or alter the grade of any property within the Township of East Brunswick without having first obtained a perm it from the Planning Board. Both the owner and the operator of the property shall have the responsibility to rem ove that portion of soil which was caused to be excavated, changed or altered within thirty (30) days after due notice is given. A person who violates this ordinance shall be subject to a fine in accordance with the general penalty provisions of the East Brunswick Township Code. Each day during which a violation continues shall be considered a separate offense. [Am ended 2-8-71 by Ord. No. 71-91-A; 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-83; 9-22-80 by Ord. No. 80-288; 7-22-85 by Ord. No. 85-681] B. Subsection A shall not apply in the following situations: (1) The excavation of soil for use on the prem ises from which it is taken, provided that this does not involve any substantial change in the topography of the prem ises. (2) The excavation of soil in connection with the construction or alteration of the basem ent or foundation of a building. (3)
Any business or industry operating within the Township of East Brunswick, at the tim e of the passage of this chapter, engaged in the m ining or processing of sand, clay or sim ilar m aterial.
Applications shall be m ade to the East Brunswick Planning Board and notice shall be given of the hearing in accordance with the Land Use Procedures set forth in Section & 132-61 of this Code and the application shall be accom panied by the following: A. A m ap of the prem ises showing the present contour lines and the proposed future contour lines resulting from the intended excavation or redistribution of soil. B. The grades resulting from the intended rem oval or redistribution of soil in relation to the topography of the prem ises. This inform ation m ay be included in the m ap required by Subsection A. C. The proposed dates for the com m encem ent and com pletion of the work.
A. In considering the application, the East Brunswick Planning Board shall be guided by the following factors: (1)
Soil erosion by water and wind. (2)
Drainage. 18502
12-85 & 185-4 SOIL REMOVAL & 185-5 (3)
Soil fertility. (4)
Lateral support slopes and grades of abutting streets and lands. (5)
Land values and uses. (6)
Any other factor which is relevant to the coordinated, adjusted and harm onious developm ent of the Township of East Brunswick. B. If, after considering the above factors, the East Brunswick Planning Board determ ines that the proposed rem oval or redistribution of soil will not be detrim ental to the health, safety or welfare of the Township of East Brunswick or its inhabitants, he shall issue the necessary perm it. Otherwise he shall deny the application and shall notify the applicant. Notice of the grant or denial of the application shall be given to the applicant within a reasonable tim e after the application is filed. C. In the event the prem ises from which soil rem oval is proposed is located within a residential zone, application to the Planning Board for a soil rem oval perm it shall not be considered by the Planning Board until after the applicant receives prelim inary subdivision approval or prelim inary site plan approval, as the case m ay be, from the East Brunswick Planning Board. Soil m ining or soil rem oval operations shall be specifically prohibited within all residential zones, provided, however, this shall not prevent the rem oval of soil within residential zones if it is determ ined by the Planning Board, upon granting prelim inary or final subdivision approval or prelim inary or final site plan approval, that it is necessary to rem ove a sm all quantity of soil to provide the construction of dwellings in conform ity with the natural terrain and topography of the land. In m aking such a determ ination, the Planning Board shall be guided by the standard that it is the determ ination of the Township of East Brunswick that the rem oval of soil within a residential zone shall be lim ited to a m inim al am ount which m ay be necessary to reasonably develop the land in question. Nothing contained herein shall entitle a property owner to utilize 100% of the land for building purposes. D. Applications for Extension. All applications to extend the soil rem oval perm it shall be m ade to the East Brunswick Planning Board, which shall render a decision based upon the criteria and standards set forth in the Soil Rem oval Ordinance. & 185-5. Appeals. [Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. 78-83; 9-22-80 by Ord. No. 80-288; 4-24-89 by Ord. No. 89-12] If the application is denied, the applicant m ay appeal the decision of the East Brunswick Planning Board to the Township Council by filing a notice in writing to that effect with the Township Clerk within ten (10) days after receiving notice of the decision of the Engineer of the Township of East Brunswick and the Director of Planning and Engineering. The Council shall set a tim e and place for a hearing and shall so notify the applicant. The decision of the Council rendered after a hearing shall be final. 18503 6-89
& 185-6 EAST BRUNSWICK CODE & 185-7 & 185-6. Bond requirements. [Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-83; 4-24-89 by Ord. No. 89-12] Before the perm it is issued the applicant shall file with the Township Engineer a bond executed by the applicant as principal and a surety com pany licensed to do business in the State of New Jersey as surety. The am ount of the bond shall be determ ined by the Engineer of the Township of East Brunswick and the Director of Planning and Engineering, but in no event shall be less than one thousand dollars ($1,000.) and shall be conditioned as follows: A. That the perm ittee will com plete the work authorized by the perm it in conform ity with the term s of the perm it and the provisions of this chapter on or before the date of com pletion set forth in the application. B. That the applicant will repair any public street, structure or land which m ay be dam aged as a result of the work authorized by the perm it. & 185-7. Regulations. Silt rem oval or redistribution conducted under a perm it issued under this chapter shall be in accordance with the following regulations: A. Operations shall be conducted so that there shall be no sharp declivities, pits or depressions. B. Lands shall be graded so as to conform to the approved contour lines and grades and shall be cleared of debris. C. The top layer of soil to a depth of six (6) inches shall not be rem oved from the prem ises but shall be set aside and respread over the prem ises when the rem ainder of the soil has been rem oved. D. Adequate m easures shall be taken to prevent erosion or the depositing of soil upon surrounding lands, streets or m unicipal facilities. 18504 6-89
STREETS AND SIDEWALKS Chapter 189 STREETS AND SIDEWALKS ARTICLE I Snow and Ice Removal & 189-1. Removal required. & 189-2. Depositing snow or ice upon streets prohibited. & 189-3. Removal by township. ARTICLE II Street Excavations & 189-4. Definitions. & 189-5. Permit required. & 189-6. Application procedure; information required. & 189-7. Issuance and terms of permit. & 189-8. Contents of permit; filing. & 189-9. Fees and deposits. & 189-10. (Reserved) [Amended 7-7-08 by Ord. No. 08-11] & 189-11. (Reserved) [Amended 7-7-08 by Ord. No. 08-11] & 189-12. Insurance. & 189-13. Rules and regulations for excavations. & 189-14. Regulations for restoration of surface. & 189-15. Conditions of permit. & 189-16. (Reserved) [Amended 7-7-08 by Ord. No. 08-11] & 189-17. Specifications for barricades and signs. & 189-18. Traffic safety precautions. & 189-19. Notice of street improvement; work requiring excavation must be completed. & 189-20. Special permission required for excavations in recently improved streets. 18901
1-09 EAST BRUNSWICK CODE ARTICLE III Mapping of Facilities Under Streets [DELETED 7-7-08 BY ORD NO. 08-11] & 189-21. [DELETED 7-7-08 BY ORD NO. 08-11] & 189-22. [DELETED 7-7-08 BY ORD NO. 08-11] ARTICLE IV Right of Way Construction and Maintenance [Amended 7-7-08 by Ord. No. 08-11] & 189-23. Permit required. & 189-24. Submission of application; information required. & 189-25. Fees and charges. & 189-26. Specifications. & 189-27. Notice for inspection and testing. & 189-28. Exceptions. & 189-29. Maintenance and repair required. ARTICLE V Vacation of Streets and Other Public Rights-of-Way & 189-30. Mandatory Procedures on Vacations of Streets and Other Public Rights-of-Way. & 189-31. Recording of Documentation. & 189-32. Reimbursement. [HISTORY: Adopted by the Township Council of the Township of East Brunswick: Art. I, 2-28-61 and as Sec. 4-7 of the Revised General Ordinances; Art. II, 10-13-64 and as Secs. 20-1 and 20-2 of the Revised General Ordinances; Art. III, 10-13-64 and as Sec. 20-3 of the Revised General Ordinances; Article IV, 10-9-67 as Ord. No. 67-91 and as Sec. 20-4 of the Revised General Ordinances. Amendments noted where applicable.] 18902
1-09 & 189-1 STREETS AND SIDEWALKS & 189-2 GENERAL REFERENCES Administration of Government - See Ch. 3. Bicycles and motorized bicycles - See Ch. 58. Brush, grass, weeds and other debris - See Ch. 61. Commercial property maintenance - See Ch. 72. Uniform construction codes - See Ch. 75. Building contractors - See Ch. 78. Garbage, rubbish and refuse - See Ch. 114. Housing standards - See Ch. 126. Land use procedures - See Ch. 132. Licenses - See Ch. 135. Littering - See Ch. 137. Soil removal - See Ch. 185. Design guidelines and standards - See Ch. 192. Trailers and trailer camps - See Ch. 202. Abandoned vehicles - See Ch. 206. Vehicles and traffic - See Ch. 209. Motor-driven vehicles - See Ch. 212. W eed control - See Ch. 223. Zoning - See Ch. 228. ARTICLE I Snow and Ice Removal [Adopted 2-28-61] & 189-1. Removal required. [Added 3-27-67 by Ord. No. 67-73] The owner or owners, occupant or occupants, tenant or tenants of premises abutting or bordering upon any street in the Township of East Brunswick shall remove all snow and ice from the abutting sidewalks of such streets or, in the event of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand or ashes, within twelve (12) hours of daylight after the same shall fall or be formed thereon. The owner or owners, occupant or occupants, tenant or tenants of premises used by the public or business invitees shall remove all snow and ice from the sidewalks, streets and parking areas used by the public in the transaction of business thereat and, in the event of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand or ashes, within twelve (12) hours of daylight after the same shall fall or be formed thereon.
No owner, tenant or occupant of any premises abutting on any street shall throw, place or deposit any snow or ice into or upon any street in the township, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow and ice which accumulates within the private property belonging to that person upon the sidewalks or streets of the Township of East Brunswick. 18903
& 189-3 EAST BRUNSWICK CODE & 189-5 & 189-3. Removal by township. [Amended 6-28-76 by Ord. No. 76-95-F] In case such snow or ice shall not be rem oved from such sidewalks or shall be cast or deposited thereon or placed upon the sidewalks or the street by the owner, tenant or occupant of any premises as herein above provided, the same shall be removed forthwith and under the direction of the Superintendent of Public Property, and the cost of such removal as nearly as can be ascertained shall be certified by the Superintendent of Public Property to the Director of Finance. The governing body shall examine such certification and, if found to be correct, shall cause such cost to be charged against the real estate so abutting or bordering upon such sidewalks, and the amount so charged shall forthwith become a lien and a tax upon the real estate or land and be added to, recorded and collected in the same way and manner as the taxes next to be levied and assessed upon the premises and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine or fines or any other penalty for violation of any of the provisions of this Article shall not constitute any bar to the right of the Township of East Brunswick to collect the cost, as certified, for the removal of snow or ice in the manner herein authorized.
As used in this Article, the following terms shall have the meanings indicated: IMPROVED ROAD - Any road surfaced with a pavement such as asphalt, concrete, bituminous concrete, or similar pavement and any road having a concrete base. [Amended 7-7-08 by Ord. No. 08-11]
accepted or maintained by the Township of East Brunswick as a public street, as well as any state or county road or highway over which the township has acquired jurisdiction by agreement. UNIMPROVED ROAD - Any cinder, dirt or gravel road without oil treatment and all other roads under the jurisdiction of the Township of East Brunswick. & 189-5. Permit required. [Amended 7-7-08 by Ord. No. 08-11] A. No person shall make an excavation in or tunnel under any street without first obtaining a road opening permit. [Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11] B. A tunnel or excavation may be commenced without a permit where an emergency has arisen which makes it necessary to start work immediately, provided that the application for permit is made simultaneously with the com m encement of the work or as soon thereafter as is practical. The permit, when issued, shall be retroactive to the date on which the work was begun. C. Road opening permits may be issued to other public bodies without fee. [Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11] 18904 1-09
& 189-6 STREETS AND SIDEWALKS & 189-9 & 189-6. Application procedure; information required. [Amended 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11] Applications for a road opening permit shall contain the following information: A. Name and address of the applicant. B. Name of the street where the opening is to be made and the street number, if any, of the abutting property. C. The Township of East Brunswick Tax Map block and lot number of the property for the benefit of which the opening is to be made. D. Nature of the surface in which the opening is to be made. E. Character and purpose of the work proposed. F. Time when the work is to be commenced and completed. G. Each application shall be accompanied by a sketch showing the location and dimensions of all openings. [Amended 7-7-08 by Ord. No. 08-11] H. The names of streets that will be utilized by the Applicant's Construction Vehicles to and from the worksite and other sub contractors who may provide vehicles by either hire and or lease arrangements with the Applicant. I. Certificate of Liability Insurance naming the Township of East Brunswick as an additional insured. [Added 7-7-08 by Ord. No. 08-11] & 189-7. Issuance and terms of permit. [Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11] Permits shall be issued under the authority of the Manager of Engineering Services or his/her designee and in accordance with the provisions of this Article. [Amended 7-7-08 by Ord. No. 08-11]
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