Upper Freehold officials amend road opening law

By TAYLOR M. LIER
Staff Writer

The Township Committee in Upper Freehold Township has adopted an ordinance that amends the existing law regarding the excavation of streets.

The ordinance could have an impact on a plan under consideration by New Jersey Natural Gas (NJNG) executives to construct a high-pressure gas pipeline through a portion of Upper Freehold Township.

The ordinance was adopted in February. No residents commented on the ordinance when given the opportunity to do so.

Mayor Stanley Moslowski Jr., Deputy Mayor Dr. Robert Frascella, Committeeman Stephen Alexander and Committeewoman LoriSue Mount voted to adopt the ordinance. Committeeman Robert Faber was not present at the meeting.

None of the committee members commented on the ordinance at the time of the vote.

Township Attorney Dennis Collins said the adoption of the ordinance is supported by the township engineer. Municipal officials said the ordinance has not been amended since 1990.

The amendments were proposed several weeks after residents raised concerns about a gas pipeline being constructed in portions of Upper Freehold. Residents have said they believe the pipeline could have a negative impact on safety and people’s livelihoods.

According to the ordinance, it will be unlawful for any person, partnership, business, corporation and public utility, among other entities, to deposit materials or disturb any roads in the township for any purpose without first making written application to the township clerk with a written copy to the engineer and a permit for every opening.

An application for a permit requires the location of the work area with a sketch of the project for those that are 200 square feet or less, an estimate as to the cost of the proposed work, and a written outline of the plan, among other requirements, according to the ordinance. The township engineer will review the application for the road opening permit and make a determination of completeness within 30 days of submission. Upon determination of the application, the engineer will further review details and issue or deny a permit.

According to the ordinance, for road opening permits of 200 square feet or less, the applicant must provide a cash or performance bond to the township to guarantee the opening made will be properly insured. The bond amount is $5 per square foot, and a minimum performance guarantee of $500 is required.

According to the ordinance, a minor road opening up to 200 square feet will require a $250 application fee. Major linear openings will be $250 plus $1 per linear foot for the next 500 feet and so on, until the fees becomes $4 per linear foot for the next 1,500 feet and $5 per linear foot for all additional lengths.

No permit will be issued to any applicant for a street surface that was paved or improved less than five years prior to the date the application is made, according to the ordinance. The exception to this regulation is if an issue regarding the public health or safety of the township or an emergency situation exists.

In addition, no permit will be issued to a project that does not “directly service and/or benefit the residence, businesses or properties immediately adjacent to the proposed improvement.” The road types for which a permit will not be issued include a residential access, residential neighborhood, minor collector, rural street or lane, cul-de-sac, alley, marginal access street, multifamily access cul-de-sac or a multifamily court.

In other business, committee members said they are remaining in close contact with NJNG in the hope of obtaining additional information regarding the Southern Reliability Link project that is proposed to make its way through Upper Freehold.

Alexander said he spoke with an NJNG representative about having someone from the utility attend a future committee meeting to present information to the public about the pipeline.

“I told NJNG they should come to Upper Freehold to let the community know exactly what their plans are,” Alexander said.

NJNG plans to host a public meeting at which representatives will explain the project and its impact on the community, according to Michael Kinney, a senior communications specialist at New Jersey Resources, which is the parent company of NJNG.

“The open house we are planning to have will feature experts who know about the proposed route and allow community members to ask questions,” Kinney said.

He said there is no set date or location for that meeting; however, it could be held at a location along the proposed pipeline route.

Moslowski said an open meeting will be important to the public.

“We want this meeting so everything is on the record and the community stays aware of what is happening,” he said.