[Adopted 1-13-1981 by Ord. No. MC 2622 as Ch. 171, Art. II, of the 1981
Revised Code]
The purpose and intent of this article is to provide certain
standards and requirements for the safe and adequate use of the public
streets, sidewalks and public places in the Town and to regulate all
encroachments and construction on such public streets, sidewalks and
public places within the Town.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
All surface or subsurface structures in the streets, sidewalks
or public places of the Town shall conform to the requirements of
this article, and no person shall erect any such structure or cause
any excavation to be made or cause any encroachment or obstruction
to be made or maintained in any street, sidewalk or public place in
the Town except in conformity with the provisions of this article,
and no such work shall be commenced within the Town until application
has been made to the Department of Public Works and a permit obtained.
For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any permanent uncovered opening in a sidewalk.
Any part of a sidewalk area paved with a material sufficiently
strong to withstand a wheel load of 5,000 pounds.
Any awning or canopy of canvas cloth or similar material
on a suitable metal frame attached to a building.
Any awning, marquee or canopy permanently attached to a building
so that it projects permanently over any portion of the sidewalk of
any public street.
Any permanent opening through the street surface, except
cellar or hoistway entrances, permitting access to a cellar or underground
vault in either sidewalk or roadway area.
Any temporary structure designed to provide pedestrian passageway
over any part of a sidewalk made otherwise impassable or unsafe by
reason of building or excavating operations.
Any permanent opening through the surface of a street for
descending to a cellar or basement, together with an approved metal
sidewalk door as a cover.
Any temporary fence occupying a portion of any public street
or place for the purpose of protecting the public using such street
from the building or demolition of structures or excavation operations
in back of such fence.
Any shaft or opening through the surface of a sidewalk used
for mechanical conveyance of goods, together with an approved metal
door as a cover.
Any temporary overhead structure covering a portion of the
sidewalk to protect the public using such sidewalk from building or
demolition operations.
Wherever used in this article, shall be construed to include
highways, roads, avenues, courts, public lanes, alleys, public places,
sidewalks and footpaths.
The line of any street or public place defined by law.
Any opening below the surface of the street, except sidewalk
cellar entrances or hoistways.
Every person erecting or maintaining a permanent or temporary
structure in any street or public place, or excavating in any street
or sidewalk area, or laying, relaying, constructing or reconstructing
any sidewalk or curbing in any street or public place, or maintaining
any obstruction in a street or public place, shall protect such opening,
structure or obstruction by placing substantial barricades about same
at all times, and shall, between the hours of sunset and sunrise,
maintain proper red lanterns or flares on each end of such barricades.
All barricades shall be not less than two inches in thickness and
eight inches in width, substantially supported not less than 24 inches
above the ground. Such barricades shall be painted black and white
with diagonal lines six inches in width.
A.
Except where otherwise provided by this article, any permit issued
pursuant to the provisions of this article but under which no work
is commenced within six months shall be deemed to have expired at
the end of that time.
B.
Except where otherwise provided by this article, no permit shall
be deemed to permit the use of the streets or public places of the
Town for a period exceeding 60 days.
A.
It shall be the duty of the Town Engineer to revoke and cancel any
permit authorized by this article which was issued improvidently or
applied to a use not in conformity with the provisions of this article.
B.
The Director of Public Works or the Town Engineer may revoke a permit
or approval issued under the provisions of this article in case there
has been any fraud or deception practiced in obtaining the same.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
No person shall erect or place any building or any appurtenance
or fixture connected therewith, in whole or in part, upon any street,
highway, public lane, alley or public place.
No person shall construct any platform, stoop or steps in any
street, highway, public lane, alley or public place which shall extend
more than 1/15 part of the width of the street nor more than five
feet. Such platform, stoop or steps shall have open backs or sides
except for a suitable railing. The width shall be no greater than
necessary for the purpose of a convenient passageway into the dwelling
house, store or other building. In no case shall any stoop or steps
exceed five feet in height.
No person shall construct or enlarge any bay window of any dwelling
house or store, which bay window shall extend into any street, highway,
public lane, alley or public place or over the established street
(building) line.
[Amended 4-21-1992 by Ord. No. MC 2945; 8-12-2003 by Ord. No. MC 3230]
A.
Showcases, merchandise displays on streets. It shall be unlawful
for any person to place and maintain or cause, suffer or permit to
be placed or maintained any showcase, stand or other device for the
display of merchandise or any box, barrel, can, package or other device
on or over any street, sidewalk or other public place or to display
or cause, permit or suffer to be displayed upon or over any street,
sidewalk or other public place any merchandise for sale or advertisement,
provided that this section shall not prevent the reasonable use of
the sidewalk by the occupant of any building or part thereof for loading
or unloading merchandise, nor prevent receptacles for garbage, ashes
or refuse from being placed upon the sidewalk area close to the curb
when so placed in accordance with the provisions of this Code and
other ordinances of the Township; and provided further that this section
shall not prevent the placement of booths or showcases for the display
of merchandise, foods and other material along the route of any parade
or at the site of any cultural event duly licensed by the Township
in accordance with applicable provisions of this Code and state law.
B.
It shall be lawful for the Irvington Chamber of Commerce and the
Springfield Avenue Center Business Improvement District to sponsor
sidewalk sales upon approval by the Municipal Council by resolution.
[Amended 7-8-2019 by Ord.
No. MC 3700]
(1)
Said sales are to take place on Thursday, Friday and Saturday between
10:00 a.m. and 6:00 p.m. and Sunday between 12:00 noon and 6:00 p.m.
(2)
The participating business operator is responsible for cleaning the
area or areas in question utilized for the sale including the sidewalk
and the area 18 inches out from the curb, before, during and after
the sidewalk sale each and every day of the sale.
[Amended 2-12-1980 by Ord. No. MC 2599; 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511; 5-28-2019 by Ord. No. MC 3698]
A.
No person shall encumber or obstruct any street or public place in
the Township by placing thereon any type of building materials, dumpsters,
moving/storage/shipping containers, etc., or any other article or
material whatsoever without first obtaining a permit from the Department
of Public Works.
B.
Once the permit is obtained it must be affixed (by the applicant)
to the front end of the material, dumpster or container so that the
permit faces out toward the street so that it can be seen while driving
past.
C.
The material, dumpster or container can only be placed on a street
where parking is allowed.
D.
If the material, dumpster or container is placed in/on a street without
the obtaining/affixing a permit or if it is placed on a street where
parking is not allowed, the owner of the item is subject to be issued
a summons and the item is subject to being towed/impounded by the
Township. The item can only be released to the owner once a release
is obtained from the Police Department and all impoundment fees are
paid.
E.
The cost of the permit to encumber the street shall be:
[Amended 1-31-1981 by Ord. No. MC 2622; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 7-14-2009 by Ord. No.
MC 3407; 12-29-2009 by Ord. No. MC 3413; 7-13-2010 by Ord. No. MC 3424; 7-1-2014 by Ord. No. MC 3511; 3-13-2018 by Ord. No. MC 3635]
The applicant for the permit required by § 555-12 shall pay such fee to cover the cost of inspection with the Department of Public Works such sums for use of the first 50 feet of frontage or fraction thereof and each additional 50 feet of frontage or fraction thereof. For a permit for encumbering any street or public place by placing thereon any building materials, dumpsters or any other article or material whatsoever, the applicant shall pay a flat fee of $50 per dumpster. There shall be a limit of seven days on said permit. A renewal for an additional seven days shall be issued upon payment of an additional $75. A renewal for an additional 14 days shall be issued upon payment of $200. Extensions may be granted beyond 28 days at the discretion of the Director of Public Works for good cause shown and upon payment of $200 per fourteen-day period. This fee shall not apply to civic groups or other such groups who, for periods not exceeding 14 days, utilize a dumpster. In any instance, a deposit shall not be required. The width of the street to be occupied is not to exceed six feet. Such permits shall not be issued for a period exceeding 30 days but may be renewed on the presentation of evidence satisfactory to the Director of Public Works that further time is necessary.[1]
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
No person shall dig into, disturb or excavate any street or
sidewalk in the Town or break up or displace any pavement or sidewalk
on any street or public place without first obtaining a permit from
the Department of Public Works for each excavation or opening.
No person shall tunnel under any street pavement or sidewalk
without an additional special permit from the Town Engineer.
A.
The applicant for a permit referred to in §§ 555-14 and 555-15, for a permit for excavating in a street or sidewalk or tunneling under a street, shall pay a fee of $26 for each such permit. In addition, the applicant shall deposit with the Department of Public Works such sum as the Town Engineer shall deem necessary to cover the cost of replacing such pavement or sidewalk.
[Amended 1-13-1981 by Ord. No. MC 2622; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 7-14-2009 by Ord. No.
MC 3407; 12-29-2009 by Ord. No. MC 3413; 7-1-2014 by Ord. No. MC 3511]
B.
The Department of Public Works shall, in all cases, replace such
defective pavement and retain such deposit as security for the payment
of the costs of such replacement by the applicant. After such costs
have been determined, the same shall be deducted from the security
and the balance of such deposit shall be returned to the person receiving
such permit. Should the cost of such replacement exceed the amount
of such deposit, such deposit shall be credited upon the amount of
the cost of replacement and the person receiving such permit shall
pay to the Department of Public Works the balance of such cost.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511; 3-13-2018 by Ord. No. MC 3635]
C.
For excavating in sidewalk areas, the applicant shall deposit such
sum as the Township Engineer shall determine is necessary. Such deposit
shall be returned to the applicant when such excavation has been backfilled
and the sidewalk relaid or reconstructed in compliance with the standard
specifications for sidewalks of the Town.[1]
[Amended 1-13-1981 by Ord. No. MC 2622; 3-13-2018 by Ord. No. MC 3635]
All excavations shall be made in open trenches. The sides of
the excavation shall, when necessary, be supported by suitable planking
and shoring, which shall be drawn as the work progresses, unless the
Town Engineer shall order the same left in place. All work of excavating
and backfilling shall be prosecuted with all possible vigor. In backfilling,
all trenches shall be thoroughly rammed in layers not more than six
inches deep. The Town Engineer may, if necessary, require the trench
to be flushed with water. Where street pavements have been disturbed,
the backfill shall be brought to within four inches of the finished
surface of the pavement and covered with a layer of temporary pavement
composed of a mixture of crushed stone and bituminous binding material
level with the adjoining pavement surface. All excess earth or other
material shall be promptly removed from the street.
Should the work of backfilling and relaying or reconstructing sidewalks not be completed within the time granted in the permit issued pursuant to §§ 555-14 to 555-16, or should the same not be done in accordance with this article, the Town Engineer shall be authorized to complete such work in a satisfactory manner and the deposit required by § 555-16 shall stand as security for the payment by the applicant of the cost of such work.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
No person shall drive across a sidewalk for the purpose of excavating
cellars or other purposes without first having obtained a permit from
the Department of Public Works to do so.
[Amended 1-13-1981 by Ord. No. MC 2622; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 33067-14-2009 by Ord. No.
MC 3407; 12-29-2009 by Ord. No. MC 3413; 7-1-2014 by Ord. No. MC 3511[1]]
The applicant for the permit required by § 555-19 shall pay a fee of $26 for each location not exceeding 15 feet in width and shall deposit with the Department of Public Works the sum of $500 as security for the costs of repair of any damage to such sidewalk by reason of such use. The term of such permit shall not exceed 10 days. Should the applicant fail to repair any damage caused as aforesaid, the Town Engineer shall cause the same to be repaired and the cost thereof, when determined, shall be deducted from the amount of such deposit.
It is not the intent of this article to prohibit the use of any properly paved driveway for the customary purposes of a driveway, but the provisions of § 555-19 regarding excavations shall apply whether or not there is an existing driveway.
Any person driving over a sidewalk for purposes recited in § 555-19 shall adequately protect same with planks not less than three inches in thickness.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
No person shall remove, relay, construct or reconstruct any
sidewalk paving or flagging on any street or public place in the Town
without first obtaining a permit from the Department of Public Works
to do so.
[Amended 1-13-1981 by Ord. No. MC 2622; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord.
No. MC 3413; 3-13-2018 by Ord. No. MC 3635; 9-14-2020 by Ord. No. MC 3732]
A.
The permit fee to repair or replace a sidewalk shall be as follows.
B.
The new sidewalk must be constructed as follows:
(1)
All concrete shall conform to New Jersey State Highway Department
Specification Class B, air-entrained, 4500 PSI minimum at 28 days.
All concrete work shall have a wood float and transverse broom finish.
Brooming shall be done before initial set using steel or bran broom.
All joints and edges shall be tooled and rounded.
(2)
Inadequate subbase and formwork may be rejected by the Township Engineer
or their representative prior to pouring concrete.
(3)
All construction methods and materials shall conform to 2007 NJDOT
Standard Specifications for Road and Bridge Construction, 2007 as
amended and supplemented, or the latest edition of this specification.
(4)
When sidewalk abuts curb or sidewalk, one-half-inch-thick nonextrudable
fibrous bit mastic expansion joints are required.
(5)
Refer to the Township of Irvington "Standard Sidewalk Detail" drawing.
All sidewalks shall be laid, relaid, constructed or reconstructed
in accordance with the standard specifications of the Town for sidewalks.
All sidewalks shall be laid, relaid, constructed or reconstructed
to the established grade of the sidewalk to the satisfaction of the
Town Engineer.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
No person shall remove, reset, construct or reconstruct any
curbing or curbstone on any street or public place in the Town without
first obtaining a permit from the Department of Public Works to do
so.
[Amended 1-13-1981 by Ord. No. MC 2622; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 7-14-2009 by Ord. No.
MC 3407; 12-29-2009 by Ord. No. MC 3413; 7-1-2014 by Ord. No. MC 3511]
B.
The deposit
to be paid by the applicant to the Department of Public Works for
curb cuts shall be $75 per linear foot, and the cost to be paid by
the applicant to the Department of Public Works to cut drain holes
shall be $65 per drain hole. Said deposit will be returned to the
applicant upon the inspection and approval of the Township Engineer.[1]
The Township Engineer is hereby authorized to designate where
curbs are to be dropped or cut for driveways and to cause such work
of dropping, reconstructing or cutting such curb to be done at the
expense of the applicant. This shall include the installation of curb
cuts for the installation of new driveways.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
Any person desiring curbing to be constructed, reconstructed
or dropped shall make application to the Department of Public Works
to do such work at the applicant's expense and shall deposit with
such Department such sum as the Town Engineer shall determine is necessary
to pay the cost of such work.
All curbs shall be reset, constructed or reconstructed to the
established grade for such curb to the satisfaction of the Town Engineer.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
No sidewalk cellar entrance, hoistway or vault shall extend
from the property line more than half of the distance between the
property line and the curbline nor more than five feet in any case.
No greater dimension than six feet parallel to the property line shall
be permitted for such openings. Areaways shall not project more than
two feet six inches beyond the property line.
No privately owned vault shall be placed at any corner of a
public street within the lines formed by extending the property lines
of the intersecting streets.
No sidewalk vault shall be constructed any closer than 24 inches
to the face of the curbline nor closer than six inches to the finished
grade of the sidewalk, nor shall any vault be constructed over or
around any utility main or conduit except by special permission of
the company or agency controlling such utility.
A.
No vault in roadway areas shall have less than four feet of cover
over all portions but the manhole opening when it is in excess of
six feet in width.
B.
Every vault shall be covered by a substantial roof of sufficient
size to support all structures above and all traffic likely to pass
over the street above. Sidewalk vaults shall be designed for a minimum
live load of 300 pounds per square foot, and roadway vaults shall
be designed to carry a maximum truck weight of 24 tons. Every vault
shall be rendered leakproof by a proper waterproof coating on the
exterior walls.
Sidewalk elevators shall be equipped with an alarm and shall
also be protected with approved metal doors so that they will open
and close with the raising and lowering of the elevators. No doors
shall remain open when not in use. A clearly visible and legible bell
warning sign with white lettering on a red background of sufficient
size shall be placed on the adjacent wall of the building not over
10 feet above the sidewalk.
All areaways shall be properly covered over flush with the sidewalk
with an approved grating of metal firmly anchored in place and of
sufficient strength to carry the pedestrian traffic.
Every sidewalk cellar entrance, hoistway or elevator shaft shall
be covered by entrance doors, the size, weight and bearings of which
shall be sufficient to carry all traffic likely to pass over same.
A live load of not less than 300 pounds per square foot shall be provided
for sidewalk areas. All doors, when closed, shall be flush with the
pavement and shall have corrugated or similarly roughened surface
with flush hinges. All doors, when opened, shall move in a direction
parallel to the street line. The opening, when uncovered, shall be
provided with a suitable protective wire screen guard, unless the
doors are so constructed that they afford adequate protection to pedestrians.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
No manhole or coalhole in sidewalk areas shall exceed seven
square feet in area unless specially permitted by the Town Engineer.
Manholes connected with vaults attached to abutting property
shall be placed close to the property line, while coalholes to such
vaults shall be placed as close to the curbline as the size of the
vault permits. Utility company manholes shall be located as close
to the curbline as possible.
A.
Every manhole or coalhole shall be provided with a solid metal cover
of sufficient weight and size, seated in a suitable frame permanently
anchored in place and bearing on masonry walls of proper thickness.
The frame and cover shall be capable of supporting all traffic to
which it may be subjected.
B.
All manhole and coalhole covers shall have a roughened surface flush
with the surrounding sidewalk and have machined horizontal heavy surfaces.
The weight of the cover shall be sufficient to resist a load of 300
pounds per square foot under traffic.
All uncovered manholes and coalholes shall be adequately protected
when in use. No manhole or coalhole shall remain uncovered for any
greater time than necessary for actual use as a manhole or coalhole,
and in no case shall be left uncovered for the purpose of supplying
light or air to the vault or basement to which it provides access.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511; 10-14-2015 by Ord. No. MC 3553]
No permit required by § 555-45 will be issued until and unless the Bureau of Combustibles of the Department of Public Safety approves. No such permit will be issued except under the condition that such tank be removed upon notice from the Department of Public Works to do so.
A.
Tanks referred to in § 555-45 shall be placed parallel to the curbline and as near the property line as possible.
B.
The depth of such tanks shall be as specified by the Town Engineer
but all surface or utility services shall be cleared. All gas, sewer,
water or other utility services shall have an all-around clearance
of at least two feet. No tank shall be installed over any utility
main or services. No tank shall be installed at any corner of a public
street within the lines formed by extending the property lines of
the intersecting streets.
C.
Risers from tanks shall be flush with the surrounding paved or unpaved
sidewalk surface. Such risers shall be raised or lowered to conform
to existing or proposed sidewalk elevations.
D.
Filler pipes shall be placed within 12 inches of the established
curbline, unless otherwise permitted by the Town Engineer, and shall
be flush with the surrounding surface. Test pipes shall also be flush
with the surface surrounding them.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
No sidewalk fence, sidewalk bridge or sidewalk shed shall be
erected without first obtaining a permit from the Department of Public
Works. No street occupancy permit shall be issued before a plan of
the proposed construction is approved by the Town Engineer.
[Amended 1-13-1981 by Ord. No. MC 2622; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord.
No. MC 3413]
The applicant for the permit required by § 555-48 shall pay a fee of $45 for each such street occupancy permit.
Whenever a building or structure of over one story in height
and within 10 feet of the street line is to be demolished or whenever
a building or structure within 10 feet of the street line and more
than two stories in height is to be erected, the owner or the person
doing or causing such work to be done shall erect and maintain during
such work, in front of such building, a sidewalk shed of sufficient
strength to sustain safely the weight of materials that may be placed
thereon and to withstand the shocks incident to the handling of such
materials or their preparation for use.
In a building demolition or excavation operation that does not
require a sidewalk shed, the owner or person doing or causing such
work to be done shall, unless released from so doing, erect and maintain
in front of the building, structure or premises during such operation
a substantial sidewalk fence not less than eight feet in height. Such
fence may extend not more than six feet from the street line into
the street and shall be built solid for its full length, except for
such openings provided with sliding doors or doors to swing inward
as may be necessary for the proper execution of the work.
A sidewalk bridge shall be erected by the owner or person doing or causing to be done any of the work referred to in § 555-48 in all cases determined by the Town Engineer as necessary to provide pedestrian passage over any part of a sidewalk otherwise made impassible or unsafe. Such bridge shall be of substantial construction with suitable handrails approved by the Town Engineer.
A.
All sidewalk sheds shall have watertight roofs and shall have the
ceiling of the passageway painted white and electrically lighted at
the minimum rate of 1.40 candlepower of light every 15 feet. All other
parts of such structure and fence shall be painted a color designated
by the Town Engineer and shall not be used for billposting purposes.
A.
Whenever a portion of a sidewalk fence, sidewalk bridge or sidewalk
shed projects over the curbline into the roadway, such portion shall
be painted black and white with diagonal lines six inches in width.
B.
At each end of a sidewalk shed, at the height of eight feet, a red
flag shall be displayed by day and a lighted red lantern by night
at the outer or roadway side. If the sidewalk shed is over 25 feet
in length, additional lighted red lanterns shall be uniformly spaced
at a minimum of 25 feet.
C.
Signs reading "DANGER" shall be posted where necessary.
Upon failure to maintain a sidewalk structure in accordance
with the provisions of this article, such structure shall be removed
and the street restored to its original condition.
Whenever the Town Engineer shall direct that a sidewalk fence,
sidewalk bridge or sidewalk shed be erected, no person shall proceed
with any work of building, demolition or excavating until such order
is complied with.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
No person shall commence to erect any fixed awning, marquee
or canopy which projects over any street or public place in the Town
without first filing plans with the Department of Public Works and
applying for and obtaining a permit therefor. No such permit will
be issued until and unless the written consent of the Division of
Building Inspection has first been obtained.
[Amended 1-13-1981 by Ord. No. MC 2622; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord.
No. MC 3413]
Every applicant for a permit as required by § 555-57 shall pay the fees as follows:
No post or support for a fixed awning, marquee or canopy shall
be placed within the public sidewalk area. No fixed awning, marquee
or canopy shall be less than 10 feet above the sidewalk area. No fixed
awning, marquee or canopy shall be anchored to masonry walls. All
anchorages shall be tied to steel frames. Every fixed awning, marquee
or canopy shall be constructed so that its removal may be made at
any time without causing the building or any part thereof to become
structurally unsafe. No fixed awning, marquee or canopy shall extend
over the street nearer than 12 inches to the existing or proposed
curbline.
Suitable provision shall be made for the drainage of fixed awnings,
marquees and canopies, but no such drainage shall be permitted to
fall on or flow across the surface of the sidewalk.
Sufficient and suitable lighting shall be provided where necessary
to light the sidewalk beneath a fixed awning, marquee or canopy during
the hours of darkness of each day.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511]
No person shall erect any drop awning or canopy which will project
over the public street or sidewalk without first filing plans with
the Department of Public Works and applying for and obtaining a permit
for the erection of such drop awning or canopy.
[Amended 1-13-1981 by Ord. No. MC 2622; 12-14-1999 by Ord. No. MC 3134; 8-14-2001 by Ord. No. MC 3176; 10-12-2005 by Ord. No. MC 3306; 12-29-2009 by Ord.
No. MC 3413]
Every applicant for a permit required by § 555-62 shall pay the fees as follows:
A.
For all drop awnings or door canopies, the sum of $0.076 per square
foot of area of surface projecting across the street line.
B.
For any addition, alteration or repair to any drop awning or door
canopy, the sum of $2.06 where the cost of such alteration, addition
or repair does not exceed $50, and if the cost shall exceed $50, an
additional sum of $1.81 for each additional $25 or fraction thereof
of cost.
All frames and supports for drop awnings or canopies shall be
securely attached to the walls of the building in a substantial manner.
No such awning or canopy shall project more than a maximum of seven
feet beyond the property line over any public street or sidewalk.
In no case shall any drop awning or canopy occupy more than 70% of
the distance between the side line of the street and the curbline.
All drop awnings and canopies shall be supported solely by the building
to which they are attached and no uprights or supports shall be placed
on the sidewalk. All frames of drop awnings and canopies shall be
at least seven feet six inches above the sidewalk and all parts of
such awning or canopy shall be at least seven feet above the sidewalk.
No stationary or temporary awning or canopy of wood shall be erected
over any public street or sidewalk.
An unauthorized drop awning or canopy or any awning or canopy
erected contrary to the regulations or requirements of this article
shall be removed forthwith on receipt of notice from the Town Engineer
to remove same.
[Amended 7-14-2009 by Ord. No. MC 3407; 7-1-2014 by Ord. No. MC 3511; 3-25-2019 by Ord. No. MC 3694]
A.
It shall be unlawful for any person, firm, company, organization,
broker, subcontractor, entity, to place or direct others to place
any advertisement, poster, banner, flyer or sign upon any sidewalk,
hydrant, lamppost, tree, utility pole or telephone pole, telegraph
or electric light pole, fence, vacant structure, mailbox, traffic
control box or public property on any public street or place within
the Town, except directional or bus signs authorized by the Department
of Public Works.
B.
It shall also be unlawful for any person to benefit from or by the
placement of any advertisement, poster, banner, flyer, sign, upon
any sidewalk, hydrant, tree, utility pole, fence, vacant structure,
mailbox, traffic control box or public property on any public street
or place within the Town.
[Added 1-26-2016 by Ord.
No. MC 3563]
Except as otherwise provided in this article, the penalties
for violations of this article are as follows:
