The Township of East Brunswick was established in 1860. Since January 1, 1965, the
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- 189-9. Fees and deposits. [Amended 9-30-74 by Ord. No. 74-91-C; 6-28-76 by Ord. No. 76-91-E; 10-12-81 by Ord. No. 81-409; 5-22-89 by Ord. No. 89
- 189-9 EAST BRUNSWICK CODE 189-13
- 189-10. (RESERVED) [Amended 7-7-08 by Ord. No. 08-11] 189-11. (RESERVED) [Amended 7-7-08 by Ord. No. 08-11]
- 189-13. Rules and regulations for excavations. [Amended 7-7-08 by Ord. No. 08-11; 9-27-10 by Ord. No. 10-22]
- 189-13 STREETS AND SIDEWALKS 189-15
- 189-14. Regulations for restoration of surface. [Amended 7-7-08 by Ord. No. 08-11]
- 189-15. Conditions of permit. [Amended 7-7-08 by Ord. No. 08-11]
- 189-15 EAST BRUNSWICK CODE 189-19
- 189-16. (RESERVED) 189-17. Specifications for barricades and signs. [Added 2-9-76 by Ord. No. 76-91-D]
- 189-18. Traffic safety precautions. [Added 2-9-76 by Ord. No. 76-91-D]
- 189-19. Notice of street improvement; work requiring excavation must be completed. [Amended 6-28-76 by Ord No. 76-91-E; 10-23-78 by Ord.
- 189-20 STREETS AND SIDEWALKS 189-24 189-20. Special permission required for excavations in recently improved
- ARTICLE III Mapping of Facilities Under Streets [Adopted 10-13-64] [DELETED 7-7-08 BY ORD. NO. 08-11
- Right of Way Construction and Maintenance [Adopted 10-9-67 as Ord. No. 67-91] [Amended 7-7-08 by Ord. No. 08-11] 189-23.
- 189-24. Submission of application; information required. [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]
- 189-25 EAST BRUNSWICK CODE 189-29 189-25. Fees and charges. [Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by
- 189-26. Specifications. [Amended 4-26-82 by Ord. No. 82-451; 7-7-08 by Ord. No. 08-11]
- 189-27. Notice for inspection and testing. [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]
- 189-28. Exceptions. [Amended 7-7-08 by Ord. No. 08-11]
- 189-29. Maintenance and repair required. [Added 7-22-74 by Ord. No. 74-91-B; 7-7-08 by Ord. No. 08-11]
- 189-29 STREETS AND SIDEWALKS 189-30
No. 08-11] Each permit shall state the identity and address of the applicant, the Company performing such construction, the names of the Companies that will be providing construction equipment for both on or off site use for the transportation of materials, the location where the excavation or tunnel is to be made, the dimensions of the opening and the period during which the permit shall be valid.
A. A fee must be paid when the application is made. The applicant shall be charged a fee of fifty dollars ($50.) for each permit. In addition, the applicant shall post cash or certified check deposit according to the following schedule [Amended 7-7-08 by Ord. No. 08-11]: (1) Opening an improved road: Two thousand dollars ($2,000.) [Amended 7-7-08 by Ord. No. 08-11] (2)
Opening an unimproved road, opening in the right-of-way, behind the curb, or opening the unpaved shoulder of the road in the public right-of-way: Two hundred dollars ($200.). (3)
A deposit of three hundred fifty dollars ($350.) shall be charged for a tunneling operation. 18905 1-09
& 189-9 EAST BRUNSWICK CODE & 189-13 B. The deposit set forth above is predicated on an excavation which involves a perpendicular trench four (4) feet wide from the center of the street to the curbline. W here an excavation of greater area is required, an additional deposit proportioned to the increased size of the excavation shall be required. W here the excavation is to be made in a heavily traveled street or where for any other reason it is necessary for a police officer to be stationed near the excavation to direct traffic, the applicant shall compensate the Township Police Department for the expense of stationing the police officer at the excavation. [Amended 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11] C. The deposit set forth above shall not be returned until the construction work is accepted by the Manager of Engineering Services or his/her designee. [Added 7-7-08 by Ord. No. 08-11]
& 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. [Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11] No perm it shall be issued until the applicant has furnished satisfactory proof of insurance against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees or subcontractors done in the course of the work to be perform ed under the permit. The insurance shall cover all hazards likely to arise in connection with the work, including but not limited to collapse and explosion, and shall also insure against liability arising from completed operations. The limits of the policy of insurance shall be one million dollars ($1,000,000.) for injury to any one (1) person, three million dollars ($3,000,000.) for injuries to more than one (1) person in the same accident, and an aggregate of one million dollars ($1,000,000.) for property damage for a single incident. Requirements of this section may be waived in the case of public utilities upon the presentation of satisfactory proof that it is capable of meeting claims against it up to the amount of the limits of the insurance policy which would otherwise be required. & 189-13. Rules and regulations for excavations. [Amended 7-7-08 by Ord. No. 08-11; 9-27-10 by Ord. No. 10-22] All permits issued under this Article shall be subject to the following rules and regulations: A. All excavations shall be kept properly barricaded at all times and, during the hours of darkness, shall be provided with proper warning lights. This regulation shall not excuse the permittee from taking any other precaution reasonably necessary for the protection of persons or property. B. All work shall be done in such a manner as to cause a minimum of interference with travel on the street affected. No street shall be closed to traffic unless the closing is approved by the Director of Public Safety. The Departm ent of Public Safety shall be informed of all street closings at least twenty-four (24) hours in advance. C. For just cause the time limit during which the permit shall be valid may be extended by the Manager of Engineering Services or his/her designee. [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] D. No work shall be done in such a manner as to interfere with any water main or sewer line or any connection with either of the same from any building unless that is the purpose of the excavation or permission has been obtained in advance from the Township Department or agency having jurisdiction over such property. No work shall be carried on in such a manner as to result in dam age or destruction of any property of the Township of East Brunswick or Sewer Utility unless this is necessary for completion of the work and permission has been obtained in advance from the head of the township department or agency having jurisdiction over such property. [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; 9-27-10 by Ord. No. 10-22] 18906 -10
& 189-13 STREETS AND SIDEWALKS & 189-15 E. All excavations shall be completely backfilled by the permittee and shall be compacted by tamping or other suitable means. W here the Manager of Engineering Services or his/her designee determines that the excavated material is unsuitable for backfill, the permittee shall backfill the excavation with suitable material which shall be placed in layers not exceeding six (6) inches in depth and thoroughly compacted. Upon completion of the work, the permittee shall remove any excess material and leave the premises in a clean condition. [Amended 7-7- 08 by Ord. No. 08-11] If the Township determines that any backfilled excavation has settled or caved in, it shall so notify the permittee, who shall promptly continue backfilling until the Township determines that settlement is complete. [Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11] F. If tunneling operations are required, the tunnel shall be backfilled with rammed concrete composed of one (1) part cement to ten (10) parts sand. G. If the work is not completed within the time specified in the permit or any extension granted is not perform ed in accordance with the regulations set forth in this section and any other regulations that may be established then the Township may complete the work itself and restore the surface of the street. The cost of com pleting the work and restoring the street shall be charged to the permittee and may be deducted from his deposit or recovered by an action in any court of competent jurisdiction. [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] & 189-14. Regulations for restoration of surface. [Amended 7-7-08 by Ord. No. 08-11] In all cases the permittee shall restore the surface of the street in accordance with the following rules, regulations and requirements: A. No permittee shall commence the restoration of any street foundation or surface until the Manager of Engineering Services or his/her designee has determined that settlement of the subsurface is complete and the area properly prepared for restoration. [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. The street surface shall be restored so as to extend six (6) inches beyond the excavation on all sides. C. W hen any foundation is restored by the use of portland cement concrete, the same shall consist of a mixture by volume of one (1) part of portland cement, two (2) parts of sand and four (4) parts of gravel or stone, so as to attain a compressive strength of four thousand five hundred (4,500) pounds per square inch after twenty-seven (27) days. [Amended 7-7-08 by Ord. No. 08-11] D. All foundations and surfaces of Class A improved roads shall be restored with the same type of material and to the same depths as existed prior to the making of the excavation. & 189-15. Conditions of permit. [Amended 7-7-08 by Ord. No. 08-11] A. Transferability. Every permit shall apply only to the entity to whom it is issued and shall not be transferable. [Amended 7-7-08 by Ord. No. 08-11] B. Commencement of work. W ork under a permit shall commence within forty-five (45) days from the date of issuance of the permit. If work is not commenced within that time, the permit shall automatically terminate unless extended in writing by the Township. The Department of Planning and Engineering shall be notified 24 hours prior to the start of any work and upon completion of the improvements. [Amended 6-28-76 by Ord. No. 76-91E; 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11] 18907
1-09 & 189-15 EAST BRUNSWICK CODE & 189-19 C. Possession of permit. A copy of the permit, together with a copy of the plan endorsed with the approval of the Township, m ust be kept in possession of the person actually performing the work and shall be exhibited on demand to any duly authorized employee of the Township of East Brunswick. [Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84; 10-12-81 by Ord. No. 81-409; 7-7-08 by Ord. No. 08-11] D. [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] Revocation of permit. (1) A permit may be revoked for any of the following reasons [Amended 7-7-08 by Ord. No. 08-11: (a) Violation of any provision of this Article or any other applicable rules, regulations, laws or ordinances. (b)
Violation of any condition of the permit issued. (c)
Carrying on work under the permit in a m anner which endangers life or property which creates any condition which is unhealthy, unsanitary or declared by any provision of this Code to constitute a nuisance. (2) The procedure for revoking a permit shall be the same as that set forth in Chapter 135, Licenses, Article I, for the revocation of licenses, except that the initial hearing shall be before the Manager of Engineering Services with a right of appeal to the Township Council; and the Manager of Engineering Services may provide that the revocation shall not become effective if the permittee corrects the violation within a specified period of time. [Amended 10-23-78 by Ord. No. 78-84; 7-7-08 by Ord. No. 08-11]
E. Modification of permit conditions. In a special case the Township Council may by resolution impose special conditions to which the issuance of the permit may be subject or may decide that any provision of this Article shall not apply or shall be altered. & 189-16. (RESERVED) & 189-17. Specifications for barricades and signs. [Added 2-9-76 by Ord. No. 76-91-D] The permit holder shall conform to the requirements in the current manual on Uniform Traffic Control Devices Part VI when required by the township to provide barricades and/or signs.
Prior to the issuance of a road opening permit the applicant shall contact the Public Safety Department, Traffic Safety Division, for instructions on the traffic safety precautions to be taken.
Before any street is improved or paved, the Township Clerk shall give notice to all persons owning property abutting on the street and to all public utilities and authorities operating in the township that the street is about to be paved or improved. All connections and repairs to utilities in the street and all other work which requires excavation of the street shall be completed within thirty (30) days from the receipt of notice. The time for the completion of the work may be extended in writing by the Manager of Engineering Services upon application by the person performing the work. This section shall not excuse any person from the requirement of obtaining a permit as provided in & 189-5. 18908 1-09
& 189-20 STREETS AND SIDEWALKS & 189-24 & 189-20. Special permission required for excavations in recently improved streets. A. Except in case of an emergency, no person to whom notice was given as provided in & 189-19 shall be issued a permit to excavate the street to which the notice related for a period of five (5) years unless its issuance is approved by the Township Council. B. Subsection A shall not apply in any case where the excavation is made necessary by the occurrence of some event which could not have been foreseen at the time that notice was given or where the public health or safety requires the performance of the work in question. ARTICLE III Mapping of Facilities Under Streets [Adopted 10-13-64] [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 [Adopted 10-9-67 as Ord. No. 67-91] [Amended 7-7-08 by Ord. No. 08-11] & 189-23. Permit required. [Amended 6-28-76 by Ord. No. 76-91-E; 10-23-78 by Ord. No. 78-84] It shall be unlawful for any person to construct or remove or cause to be constructed or removed any sidewalk, driveway apron, curb or gutter or any part thereof within any public right-of-way in the Township of East Brunswick without first having obtained a permit to do so from the Manager of Engineering Services or his/her designee.
Applications for a permit under this Article shall be made to the Township by the owner of the premises or his agent upon forms provided by the township and shall contain the following information [Amended 7-7-08 by Ord. No. 08-11]: A. The name and address of the applicant. B. The name and address of the person who is to perform the proposed work and the name and address of the owner of the property on which the work is to be performed, if other than the applicant. C. The location, by street number or otherwise, of the premises where the work is to be done. D. The estimated cost of the proposed work. E. A line and grade plan showing the proposed work, including its exact location with respect to a street intersection or some other fixed and prominent object, as well as its width and relationship to the grade of the street and the adjacent property and, in the case of a driveway apron, its slope or pitch. F. Any other information that the Township deems necessary in order to determine whether the work will comply with this Article. [Amended 7-7-08 by Ord. No. 08-11] 18909
1-09 & 189-25 EAST BRUNSWICK CODE & 189-29 & 189-25. Fees and charges. [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] A fee of twenty-five dollars ($25.) shall be charged for each permit, and in addition thereto, the applicant shall pay the cost of all tests which the Manager of Engineering Services or his/her designee deems necessary. The fee shall be paid at the time the application is filed, and the cost of all proposed tests shall be paid prior to the issuance of any permit.
A. All m aterials and work shall be in accordance with the current NJDOT Specification Manual and the Township specifications on file in the Department of Planning and Engineering. [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] B. Any sidewalk, driveway apron, curb or gutter which is removed shall be promptly replaced in accordance with township specifications. C. No concrete sidewalk shall be placed or covered with blacktop. D. W henever a curb cut or driveway depression is required, the entire section or sections of curb or curb and gutter shall be removed and replaced. The breaking and recapping of curbing is specifically prohibited. E. New or replacement sidewalks in all historic districts shall be constructed of brick in accordance with township specifications on file in the office of the Department of Planning and Engineering. [Amended 4-24-89 by Ord. No. 89-12] F. New or replacement curbing in all historic districts shall be constructed of Belgian block in accordance with township specifications on file in the office of the Departm ent of Planning and Engineering. [Amended 4-24-89 by Ord. No. 89-12] & 189-27. Notice for inspection and testing. [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] The applicant shall notify the Department of Planning and Engineering at least twenty-four (24) hours prior to the time of pouring or laying any sidewalk, driveway apron, curb or gutter.
This Article shall not apply to: A. The initial installation of sidewalks, driveway aprons, curbs or gutters in a major subdivision where the work is covered by performance guaranties required by the approving authority. [Amended 7-7-08 by Ord. No. 08-11] B. The repair or replacement of less than eight (8) lineal feet of an existing sidewalk. & 189-29. Maintenance and repair required. [Added 7-22-74 by Ord. No. 74-91-B; 7-7-08 by Ord. No. 08-11] A. The sidewalk and curb shall be kept in good repair by the owner or owners of the property in front of which the said sidewalk and curb are located. 18910
1-09 & 189-29 STREETS AND SIDEWALKS & 189-30 B. In accordance with the notice procedures provided in this section, any sidewalk or curb on any public street which is out of line or grade, or broken or out of repair, or is otherwise in need of construction or repair shall be relaid to line or grade or the broken portions thereof shall be repaired or reconstructed by the owner or owners of the land in front of which any such improvement, reconstruction or repair is to be made. This section shall not apply to any sidewalk or curb during the period it is covered by a performance or maintenance bond or any sidewalk or curb which was installed incorrectly by a developer or contractor over which the township has or had control. C. W henever the Manager of Engineering Services or his/her designee determines that such sidewalk or curb work is necessary, a notice shall be served upon such owner or owners directing completion of the work within sixty (60) days after service of said notice. The notices shall specify in sufficient detail the character of the improvement, reconstruction or repair to be made. It shall set forth a description of the property affected sufficiently definite to identify the same and shall otherwise comply with the requirements of N.J.R.S. 40:65-1, etc. for such cases made and provided. The notice shall give opportunity to such owner or owners to be heard and to offer satisfactory reasons to the Manager of Engineering Services or his/her designee why such work should not be done. Service of the notice and proof of service thereof shall be made in accordance with the requirements of N.J.R.S. 40:65-1, etc. [Amended 7-7-08 by Ord. No. 08-11] D. If, in the absence of any good and sufficient reason why such work should not be done, said owner fails to make such improvement, reconstruction or repair within sixty (60) days after service of the notice aforesaid, then the Manager of Engineering Services or his/her designee may have the work done at the cost and expense of said owner or owners, and an accurate account of the cost thereof shall be kept. The cost thereof shall be assessed against the owner or owners of the land in front of the improvement or repair, and a report thereof shall be filed with the Township Clerk. The governing body, after notice to the owner or owners, shall confirm said report and file it with the Tax Collector. Such sidewalk or curb assessment shall bear interest from the time of confirmation and shall be a lien on the real estate assessed and shall be collected in the same manner as taxes and other legal assessments. [Amended 7-7-08 by Ord. No. 08-11] E. Nothing contained in this ordinance shall impose an obligation upon the Township of East Brunswick, the Manager of Engineering Services or any other Township employee to survey existing sidewalks, to determine whether repairs are necessary, or to cause any sidewalk to be reconstructed or repaired. [Added 7-13-87 by Ord. No. 87-849; 7-7-08 by Ord. No. 08-11]
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