[HISTORY: Adopted by the Township Committee
of the Township of Chesterfield 5-13-2004 by Ord. No. 2004-8.
Amendments noted where applicable.]
A.
All developers, including residential, commercial
or similar development, developing within the Township of Chesterfield
shall be required to create and submit to the Township a development
plan and submit same to the Township Engineer.
B.
The Township Engineer shall review and approve the
development plan, if in accord with the requirements of this chapter.
All development plans shall include the following
information:
A.
A phasing schedule for the initiation and completion
of the project.
B.
A phasing schedule for the installation and completion
of any interior roads, whether to be dedicated to the Township or
to remain private.
C.
A phasing schedule for sewer and other utility improvements.
D.
A list of intended daily hours of operation on the
project.
The approved plan shall remain in full force
and effect during the course of construction of the entire project.
Failure to comply with the approved plan shall result in a work stoppage
until the conditions are corrected and the approved plan re-implemented
or otherwise modified in a form acceptable to the Township Engineer
and consistent with the requirements of this chapter.
A.
The excavation, grading, paving, erection, demolition,
alteration or repair of any premises, street, building or structure
is limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through
Friday, and 7:00 a.m. to 5:00 p.m. on Saturdays. No work may be performed
at the site on Sundays, or on the following holidays: New Year’s
Day, Good Friday, Memorial Day, Fourth of July, Labor Day, Thanksgiving
Day and Christmas Day. The above restrictions shall apply except in
the case of urgent necessity, which is defined to be an emergency
affecting the interest of public health, welfare and safety, and then
only in accordance with an approval first obtained from the Township
Engineer, related to land clearing and grading, drainage, sewer and
water utilities and public improvement work, or from the Township
Code Enforcement Officials as to other work. Such approval may be
granted only while the matter or urgent necessity continues.
[Amended 11-10-2005 by Ord. No. 2005-12]
B.
The provisions of this section shall not apply to
interior or exterior repairs or to interior alterations, the work
for which is actually performed by a homeowner or occupant, personally,
between the hours of 8:00 a.m. and 10:00 p.m. upon residential premises,
provided that the work shall be done without undue noise or disturbance
of the peace and quiet of the neighborhood across a residential real
property boundary.
A.
Prior to the Construction Office performing a footing
and foundation inspection, the roads shall be in passable condition
and the sanitary sewers accepted. Prior to the Construction Office
performing a framing inspection, the roads must be paved and the fire
hydrants active and ready for use. Sanitary sewers under paved areas
will not be approved until the base course of asphalt is installed.
Prior to the issuance of the first certificate of occupancy, all utilities,
including streetlights, shall be activated and traffic control signs
and road signs shall be installed.
B.
Any new sanitary sewers will be isolated from the
existing sewers with a plug to be located where the new sewer connects
with the old sewer. The plug is not to be removed until the sewers
are finished and ready for final testing. If the plug is removed prior
to final testing, then the Township will plug the pipe with masonry.
The cost of plugging the line will be paid by the developer.
C.
No sanitary sewer is to be used for the transmission
of sanitary sewage until the sanitary sewer main is complete, all
punch list work completed, all testing completed and the main acceptable.
[Amended 11-10-2005 by Ord. No. 2005-12]
A.
Construction of improvements to existing public roads
shall be given precedence to on-site construction.
B.
Construction of improvements to both existing public
roads and to newly constructed roads within new developments shall
be subject to the following requirements:
(1)
All contractors, public utilities, private utilities, and developers, and any and all other persons who are responsible for any construction activities along any public roadways, or roadways proposed for public use, shall first consult with the Chesterfield Township Chief of Police before commencing work along the roadways. The purpose of the consultation shall be to allow the Chief of Police to determine whether the proposed roadway construction will interfere with vehicular, pedestrian, or other traffic along the roadway, and in the event that the Chief of Police determines that the public safety concerns warrant the presence of a police officer to monitor and direct traffic along the construction area, then and in that event, the contractor, public utility, private utility, developer, or other person responsible for the roadway construction shall make arrangements for the provision of police presence in accordance with § 42-16 et seq., of the Code of the Township of Chesterfield.
C.
Construction of improvements to public roads within the Township
of Chesterfield shall be subject, in addition to the foregoing subsections,
to all other provisions and sections of this chapter.
[Added 2-8-2018 by Ord.
No. 2018-2]
Developers shall be held responsible for damage
to public roads, private property, vehicles and personal injuries
caused by their actions, as determined by the Township Engineer.
Sanitary facilities must be provided for construction
workers. Facilities must also be provided for disposal of food and
drink containers. No garbage is to be disposed of on the site.
Two working days' notice shall be given to the
Township Engineer prior to starting or restarting construction. Four-day
notice shall be given for paving work.
A sign shall be posted at each entrance to a
major subdivision indicating that the road is private beyond that
point and that people may proceed at their own risk. The sign shall
also show the developer's name, phone number and emergency phone number.
The signs shall remain until the road is accepted as a public road.
If the road will remain private, the temporary sign shall be replaced
with a smaller permanent sign containing the same information.
[Amended 7-8-2004 by Ord. No. 2004-9; 2-8-2018 by Ord. No. 2018-2]
Any individual, corporation, firm, public utility or other entity
violating the provisions of this chapter shall be subject, upon conviction,
to a penalty of not less than $100, nor more than $2,000, for each
violation. In addition, the municipal court shall have the authority
to consider as a penalty imprisonment in the county jail or any other
place provided by the municipality for the detention of prisoners,
for a term not to exceed 90 days; or to a period of community service
not exceeding 90 days.
A.
Except for § 92-4, each day of violation shall be considered a separate violation of this chapter.
B.
For violations of § 92-4A, separate violations shall be deemed to exist for the periods (1) beginning 12:00 midnight to 7:00 a.m., Monday through Friday; (2) from 7:00 p.m. to 12 ;00 midnight, Monday through Friday; (3) from 12:00 midnight Fridays to 7:00 a.m. on Saturdays; and (4) 5:00 p.m. to 12:00 midnight on Saturdays. If the violation continues beyond two calendar days, then every two hours, or part thereof, shall be considered a separate violation. In addition, every hour of violation which occurs on a Sunday and/or a holiday shall be considered a separate violation.
C.
In addition, any individual, corporation, firm, public utility, or
other entity ("principal") which contracts with a party that violates
the provisions of this chapter may be similar held liable for the
violation, cited as a separate party, whether or not that principal
commits the act of violation, provided that the act is in furtherance
of that principal's activities and/or development of a site or
construction of improvements where the alleged violation occurred.
Continuous violation of these regulations imposed herein may also
be the basis for revocation of any approvals granted to a developer
to build a development within the Township.
