Township of Bloomfield, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted 11-19-1962 as Sec. 26-2 of the 1962 Code (Ch. 230, Art. II, of the 1987 Code)]
[Amended 11-2-1987; 3-16-2009 by Ord. No. 09-24]
A. 
No person shall remove, disturb, excavate or dig up, or cause or procure to be removed, disturbed, excavated or dug up, the surface of any public street or any sidewalk or pavement thereon until he has first received a written permit to be issued by the Township Engineer.
B. 
Excavation of newly paved streets shall be prohibited unless specifically authorized by a permit issued by the Township Engineer. Newly paved streets are defined as those streets that have been resurfaced under a Township road program within two calendar years from the date of acceptance of the improvement.
C. 
If a permit is issued for a newly paved street, the permittee shall comply with the following minimum requirements:
(1) 
Each application for excavating a newly paved street shall be accompanied by a performance bond in the amount of $20,000. The Township Engineer reserves the right to increase the amount of the performance bond based upon the extent of the proposed excavation and the scope of work.
(2) 
Restoration of newly paved streets shall result in a "seamless" repair through the use of infrared paving technology or any other method specifically approved by the Township Engineer.
(3) 
Upon completion of the excavation and restoration, the Township Engineer shall inspect the work, and if determined to be acceptable, the performance bond will be released subject to the submission of a one-year maintenance bond in the amount of $5,000. The Township Engineer reserves the right to increase the amount of the maintenance bond based upon the extent of the proposed excavation and the scope of work. The maintenance bond will be released to the applicant after the one-year maintenance period has expired.
[Added 6-2-2014 by Ord. No. 14-25]
A. 
Property owners repairing or removing bluestone sidewalks are subject to this section and § 497-6.
B. 
No property owner or other person shall remove, reconstruct, damage or destroy any bluestone sidewalk located on any public street or public right-of-way in the Township of Bloomfield in violation of this section.
C. 
No property owner or other person shall remove or reconstruct any bluestone in the Township of Bloomfield, excluding the Historic District, without first obtaining a written permit from the Township Engineer. If a permit is granted to remove a bluestone sidewalk, the property owner shall be responsible to transfer and deliver the bluestone sidewalk to the Township at a location designated by the Engineer.
D. 
No property owner or other person shall remove or reconstruct any bluestone sidewalk located on any public street or public right-of-way in the Township of Bloomfield Historic District.
(1) 
This section shall not prohibit the removal or reconstruction of a bluestone sidewalk in the Township of Bloomfield Historic District, provided the sidewalk is replaced with a similar bluestone sidewalk, but only after receiving a written permit from the Township Engineer (The Engineer will consult with the Historic District Review Board, giving great deference to the Board's recommendation, before issuing a permit.) to perform the work; and
(2) 
All bluestone sidewalk removed for replacement from a location in the Township of Bloomfield Historic District shall be transferred and delivered to the Township at a location designated by the Engineer.
E. 
The Township of Bloomfield shall use any bluestone collected under this section to repair damaged, or replace missing, bluestone sidewalks in the Historic District.
F. 
Any violation of this section shall be punished by a fine not exceeding $2,000 or imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or by any combination of such fine, imprisonment and/or community service. Furthermore, the Township retains the right to file a separate action to compel the property owner to replace any bluestone removed, damaged or destroyed in violation of this section.
[Added 11-2-1987; amended 5-5-2008 by Ord. No. 08-18]
Any person who violates any provision of this article shall, upon conviction thereof, be subject to a penalty as provided by § 1-15, General penalty, of this Code.