Township of Fredon

Ordinance 2026-06

Protection for Newly Paved Roads

WHEREAS, the Township of Fredon (“Township”) has heretofore adopted Chapter 466, Article II of the Code of the Township of Fredon (“Article II”), governing permits for excavations and openings in Township roads and streets; and

WHEREAS, Article II, as currently written, permits a permittee to restore only the trench or excavation itself, without regard to the width of the traffic lane disturbed by the opening; and

WHEREAS, the Township Committee has determined that where a road opening permit or waiver is granted to a utility, including but not limited to a natural gas, water, sewer, electric, telecommunications, or cable television utility, restoration limited to the trench width alone is insufficient to ensure a safe, uniform, and durable riding surface, and that restoration of the full traffic lane disturbed, from the centerline of the roadway to the curbline or edge of pavement, is necessary and in the public interest; and

WHEREAS, the Township Committee has further determined that newly constructed or resurfaced streets represent a substantial public investment, and that excavation of such streets within a short period following construction or resurfacing undermines that investment and shortens the useful life of the pavement; and

WHEREAS, other New Jersey municipalities, including the Townships of Byram and Sparta , have adopted “prohibition period” provisions restricting excavation of newly constructed or resurfaced streets for a period of years, subject to defined exceptions and a waiver process, and the Township Committee finds that a similar provision is appropriate and necessary for the Township of Fredon; and

WHEREAS, the Township Committee finds it is in the interest of the public health, safety, and welfare of the Township to amend Chapter 466, Article II of the Township Code as set forth below.

NOW, THEREFORE, BE IT ORDAINED
by the Township Committee of the Township of Fredon, County of Sussex, State of New Jersey, as follows:

SECTION 1. Amendment to § 466-4, Conditions of permit.

466-4 of the Code of the Township of Fredon is hereby amended to add a new Subsection N, to read as follows:

Restoration where waiver granted for utility work.

1. 1. Where a road opening permit or waiver is granted to a utility, including but not limited to a natural gas, water, sewer, electric, telecommunications, or cable television utility, for the installation, repair, replacement, or maintenance of utility facilities within a Township road or street, the permittee shall not be permitted to restore only the trench or excavation itself. The permittee shall, at its sole cost and expense, restore the entire traffic lane in which the disturbance occurs, measured from the centerline of the roadway to the curbline, or, where no curb exists, to the edge of pavement, for the full length of the excavation, plus such additional pavement area as the Township Engineer determines necessary to achieve a smooth, uniform riding surface and proper drainage.

 

1. 1. All restoration performed under this subsection shall conform to the Township’s then-current specifications for pavement restoration, including but not limited to milling and paving depth, joint sealing, and compaction requirements, as may be established or amended from time to time by the Township Engineer.

 

1. This subsection shall apply in addition to, and not in lieu of, any other restoration or repaving requirement imposed elsewhere in this article, including § 466-4.1 (Prohibition period).

SECTION 2. New § 466-4.1, Prohibition period.

A new § 466-4.1 is hereby added to Chapter 466, Article II of the Code of the Township of Fredon, to read as follows:

466-4.1 Prohibition period.

1. 1. Newly constructed or resurfaced streets; moratorium established. Any Township road or street that has been newly constructed or resurfaced, including without limitation by full-depth reconstruction, overlay, or mill-and-pave resurfacing, shall be designated a “prohibition street” for purposes of this section. A moratorium of five years from the date of completion of the construction or resurfacing is hereby established, during which no permit or waiver to excavate a prohibition street shall be granted, except upon the approval of a waiver as provided in Subsection B, E, or F below. Utilities and other persons or entities subject to this article shall plan sufficiently in advance of any known construction or resurfacing project to install, replace, or repair facilities, or to identify trenchless or other alternative methods of making necessary repairs, so as to avoid the need to excavate a newly resurfaced street.

 

1. 1. Exceptions. The following are exceptions to the prohibition in Subsection A:
      1. Emergencies that endanger life or property.
      2. Interruption of essential utility service.
      3. Work mandated by local, state, or federal law.

 

1. 1. List of prohibition streets. The Township Engineer, or his or her designee, shall maintain a current list of all prohibition streets, indicating the location and limits of each such street, the date of completion of construction or resurfacing, and the date on which the prohibition expires. The list shall be kept current and shall be made available to the public upon request.

 

1. 1. Restoration where exception applies. Where an exception under Subsection B is granted, the permittee shall, at its sole cost and expense, repave the entire portion of the street disturbed by the opening, extending from the edge of pavement to the edge of pavement on the opposite side of the street (i.e., the full width of the roadway), unless the Township Engineer directs a different scope of restoration in writing. This requirement shall be read together with, and is in addition to, the utility waiver restoration requirements of § 466-4N.

 

1. 1. Engineer approval required. Prior to any excavation of a prohibition street under an exception listed in Subsection B, the applicant shall obtain the approval of the Township Engineer or his or her designee. A written request for such approval shall be submitted to the Township Engineer or his or her designee as far in advance of the proposed work as practicable, except that where a true emergency exists and time is of the essence, the written request may be submitted within 24 hours after the emergency work commences. In evaluating a request under this subsection, the Township Engineer or his or her designee shall consider, at a minimum:
      1. The location of the proposed excavation.
      2. A description of the work to be performed.
      3. The reason(s) the work was not performed before the street was constructed or resurfaced.
      4. The reason(s) the work cannot be deferred until after expiration of the prohibition period.
      5. The reason(s) the work cannot be performed at another location.
      6. The reason(s) the circumstances are justified as an emergency, interruption of essential service, or legally mandated work, as applicable.
      7. Whether the applicant has evaluated all feasible trenchless or other alternative methods of making the necessary repair so as to avoid excavating the prohibition street, and, if not feasible, the reasons why.
   2. Township Committee waiver for other circumstances. Any person seeking a waiver to excavate a prohibition street for a reason other than those listed as exceptions in Subsection B shall require the approval of the Township Committee. The Township Committee shall grant such a waiver only upon a determination that the waiver is in the best interest of the Township of Fredon and is necessary to address unforeseen circumstances not otherwise anticipated in this section.

 

1. Violations and penalties. Any excavation of a prohibition street without the approval required under this section shall be deemed a violation of this article and shall be subject to the penalties set forth in Chapter 1, Article III (General Penalty) of the Township Code, in addition to any other remedy available to the Township.

SECTION 3. Severability.

If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 Ordinance.

SECTION 4. Repealer.

All ordinances or parts of ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency.

SECTION 5. Codification.

This Ordinance shall be codified as part of Chapter 466, Article II of the Code of the Township of Fredon. The Township Clerk and/or the Township’s Code codifier are authorized to make such non-substantive renumbering, cross-reference, or formatting changes as may be necessary to properly incorporate this Ordinance into the Township Code.

SECTION 6. Effective date.

This Ordinance shall take effect upon final passage and publication as required by law.

Record of Vote – Introduction July 22, 2026:

Motion: Erin Corcella
Second: Rob Moore
Aye: Erin Corcella, Rob Moore, George Plock, Jim Weber
Nay: none
Abstain: none
Absent: Chris Nichols

The foregoing is a true copy of a bond ordinance introduced and adopted on first reading by the governing body of the Township of Fredon on July 22, 2026.

Suzanne Boland
Clerk

Record of Vote – Adoption August 12, 2026:

The foregoing is a true copy of a bond ordinance finally adopted by the governing body of the Township of Fredon on August 12, 2026.

_____________________________________

Suzanne Boland

Clerk

 

 

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