For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meaning provided herein.
All other words and phrases used in this article shall be defined
in the same manner as provided for in Subtitle 1 of Title 39 of the
New Jersey Statutes Annotated.
AASHTO
The American Association of State Highway and Transportation
Officials.
APPLICANT
Generally, the owner and/or any person making written application
to the Township for a permit hereunder. If the applicant is a contractor
who will be performing the work on behalf of another party, the contractor
shall be co-applicant, and the party on whose behalf the work is being
performed shall be the applicant. The applicant and co-applicant shall
be directly responsible for the performance of the work, construction,
and adherence of the work to the specifications. The applicant and
co-applicant shall also be responsible for providing sufficient maintenance
and traffic control measures for the safety of the public.
CLEAR ZONE
The total roadside border area, starting at the edge of traveled
way, available for use by errant vehicles as defined by the AASHTO
Roadside Design Guide and the New Jersey Department of Transportation
Roadway Design Manual.
CO-APPLICANT
A contractor or subcontractor who will be performing work
on behalf of the applicant and who is jointly and severally responsible
and liable, along with the applicant, for compliance with all terms
and conditions of this article and any penalty of claim filed by the
Township as a result of any violation of this article.
DRIVEWAY
Any access, permanent or temporary, from private/public property
or other public right-of-way to the Township right-of-way and/or Township
roadway.
EQUIPMENT
Any machinery and/or tools, both motorized and nonmotorized,
used for the purposes of constructing, maintaining or performing any
type of work. Equipment shall also include dumpsters, PODs, vehicles,
etc.
NJDOT SPECIFICATIONS
The New Jersey Department of Transportation's "Standard Specifications
for Road & Bridge Construction," most recent edition and/or amendment.
PERSON
Any person, firm, partnership, association, corporation,
company, authority, or organization of any kind.
RIGHT-OF-WAY
Any land, easement, or property owned or controlled by the
Township of Chesterfield and reserved for the primary purpose of transportation
of the public.
ROAD
Any street, highway, road, roadway, sidewalk, alley, avenue,
boulevard, pavement, shoulder, gravel base, subgrade, curb, gutter,
including drainage structures, utility structures, all other appurtenant
structures, trees and landscaping or any other public right-of-way
or public ground in the Township of Chesterfield and under control
of the Township of Chesterfield.
TOWNSHIP ROAD WORKING HOURS
From 9:00 a.m. to 3:00 p.m. during business days. Business
days do not include Saturdays, Sundays, Township holidays, or any
day during which Township offices are closed.
[Amended 2-14-2019 by Ord. No. 2019-4]
UTILITY COMPANY
Includes, but is not limited to, the following: telephone,
cellular, communications, fiber optic, cable, water, sewer, gas and
electric; private or public.
Upon receipt of the permit, the permit holder agrees that it
shall defend and save the Township and its departments, divisions,
boards, officials, and employees harmless from any and all claims
of any nature arising out of the road occupancy, road opening, driveway
access, charitable solicitation, and any other work covered by the
permit(s), and also agrees that the Township is issuing the permit(s)
and shall not assume liability in connection therewith. In the event
of any suit or claim against the Township due to the negligence or
default of the permit holder, the Township shall give written notice
to the permit holder of such suit or claim. Any final judgment requiring
the Township to pay for such damage shall be conclusive upon the permit
holder and the permit holder shall be liable to repay the Township
for all costs in connection with such suit.
The Township shall inspect any local road occupancy or any other
work within the Township right-of-way as deemed necessary for the
purpose of confirming compliance with issued permits and this article.
When a permit holder is deemed to be in noncompliance by the Township,
the permit holder and his surety will be notified as to the deficiencies.
The Township, through the Township Engineer, Principal Public Works
Manager, Municipal Clerk, and/or Chief of Police, in consultation
with the Municipal Attorney, may:
A. Order a temporary stop to any work within or occupancy of the Township
right-of-way until compliance with all requirements of issued permits
and this article is achieved.
B. Correct, or cause to be corrected, any work after notification to
the permit holder by the Township Engineer and the neglect or refusal
of the permit holder to make corrections as indicated, at the sole
cost and expense of the permit holder.
C. Take whatever action necessary to ensure the safety of the public.
D. Take any other action deemed to be reasonable under the circumstances.