[1971 Code § 76-1; Ord. No. 06-31 § 1]
A.
No person shall open or excavate in any street under the control of the Township, or otherwise endanger or obstruct the normal flow of traffic by the placing of any barricade, structure, material or equipment not normally designed to be operated on the public street without first obtaining a written permit signed by the Township Clerk. Application for a permit is to be made in writing and generally describe the contemplated operation. The permit shall indicate the date upon which the operation will start and the date upon which it will be completed. The provisions of this section 16-1, Excavation in Streets, apply to sidewalks only when the sidewalk is disturbed in connection with street excavation.
B.
If the operation is to completely obstruct or make inaccessible to
vehicular traffic a length of more than 200 feet of any thoroughfare,
for a period in excess of 24 hours, then a period of not less than
72 hours shall elapse after the issuing of the permit before the operation
may be started. The person to whom the permit is granted shall post
conspicuous signs in not less than two places on or near the site
of the operation, setting forth that the thoroughfare will be closed
and the date, reason for and duration of such closing. No work may
commence until at least 48 hours after the posting of such notices.
[1971 Code § 76-2; Ord. No. 3-1-83; Ord. No. 03-31 § 1]
A fee of $25 shall be charged for a street opening permit.
[1971 Code § 76-4; Ord. No. 03-31 §§ 2, 3]
A.
No person shall be granted a permit to open any street until payment
is made to the Township Clerk in an amount sufficient to pay the expenses
of repairing and replacing the public street surface. The amount is
to be calculated and determined by the Director of Public Works in
accordance with the fees set forth below, which work shall be done
by the Township Department of Public Works, Division of Roads. Should
the area restored remain in satisfactory condition as determined by
the Director of Public Works, the Director of Public Works may release
any remaining deposit monies after a minimum of one year from the
date of the restoration. The amount deemed sufficient to pay the expenses
of repairing and replacing the surface of the public street shall
be as follows:
B.
In lieu of making the payment as provided above, any person may file
a bond with the Township Clerk, satisfactory to the Township in form,
amount and surety. The bond shall be conditioned upon replacing any
such opening(s) in the manner required, and the work shall be performed
subject to inspection and approval by the Director of Public Works
and paid for by the person obtaining the permit. Should the area restored
remain in satisfactory condition as determined by the Director of
Public Works, the Township may release the bond upon the recommendation
of the Director of Public Works and after a minimum of one year from
the date of the restoration.
C.
The filing of the bond shall not relieve any person of the necessity
of securing a permit and complying with all of the terms and conditions
of this section.
[1971 Code § 76-3]
Street openings may be made without the necessity of a written application provided for in Section 16-1 in emergencies such as broken or frozen water mains or other happenings which would endanger public life, health and safety; provided notice shall be immediately given verbally to the Chief of Police or Township Clerk and written applications for a permit are made to the Township Clerk as soon thereafter as conveniently can be done and not exceeding 48 hours, in accordance with Subsection 16-1.1 of this section.
[1971 Code § 76-5]
All backfill shall be puddled with sufficient water or tamped
with an automatic air hammer to insure minimum further settlement.
The person opening such street shall cause to be removed from the
site all material not suitable for backfill, all excess backfill,
and shall provide sufficient suitable backfill to maintain the original
grade.
[1971 Code § 76-6]
It shall be the responsibility of any person upon opening any
public thoroughfare or otherwise endangering or obstructing the normal
flow of traffic, to fully protect both vehicular and pedestrian traffic
from possible accident or injury by the placing of suitable barriers,
notices and warnings by day and warning lights by night. The Chief
of Police shall be the judge as to the adequacy of such protection.
[Ord. No. 05-29 § 1; Ord. No. O-13-18; § 1]
Materials and methods of construction shall conform to the NJDOT
"Standard Specifications for Road and Bridge Construction," latest
edition, as amended. The Director of Public Works may, as needed,
modify the requirements herein.
A.
Pavement restoration within any existing paved right-of-way.
(1)
During any utility installation or trench opening. At the end of
each workday, all trenches located in the paved road right-of-way
shall be appropriately backfilled as follows or backfilled as determined
by the Director of Public Works or their designee:
(a)
Six inches around the equipment or type of utility installed
shall be filled with each utility's required backfill (example: sand,
or 1/4 inch stone).
(b)
The remaining trench shall be backfilled to within six inches
of grade with approved dense grade aggregate (DGA) no larger than
3/4 inch in size. All trenches shall be compacted in twelve-inch lifts
maximum. Each successive layer shall be thoroughly compacted to 95%
of maximum standard density by use of mechanical vibrating, tamping,
or rolling equipment within 2% to 3% of the optimum moisture content.
(c)
The remaining six inches shall temporarily be filled with hot
mix asphalt I-2 (HMA, I-2). The hot mix asphalt shall be compacted
in three-inch lifts maximum.
(2)
Permanent restoration. Final restoration shall not be permitted prior
to 60 calendar days, but no longer than six months; all utility and
trench openings shall be restored as follows or as determined by the
Director of Public Works or their designee:
(a)
Eighteen inches each side of the largest width of any utility
or trench opening shall be saw cut or milled to a depth of two inches
to create neat straight edges and the two inches of material shall
be milled out.
(b)
The excavated width and depth shall be repaved with a minimum
two-inch hot mix asphalt, I-5 (HMA, I-5) with tack coat applied and
compacted by mechanical roller to provide an even and smooth transition
with the existing pavement. No hand tamping or hand rollers will be
allowed.
(c)
Openings that are made diagonal or perpendicular to the road
shall be milled to a minimum of two inches in depth, and the width
of the entire paved surface, and 10 feet beyond the sides of the utility
opening and repaved with hot mix asphalt, I-5 (HMA, I-5) and compacted
by mechanical roller to provide for an even and smooth transition
of pavement. No hand tamping or hand rollers will be approved.
(3)
New subdivision road openings. All new subdivisions that require
utility or trench openings in any existing paved right-of-way being
disturbed shall require the following or as approved and determined
by the Township Engineer or their designee:
(a)
During any utility or trench opening. At the end of each workday, all trenches located in the paved road right-of-way shall be appropriately backfilled as outlined in Subsection 16-1.7A(1).
(b)
Within six months of the last certificate of occupancy or as
directed by a developer's agreement or Township Engineer or their
designee, all road openings in existing paved rights-of-way shall
be milled and paved across the entire paved right-of-way at a minimum
of 10 feet beyond the excavation and paved as part of the subdivision
to provide for an even and smooth transition of pavement.
(4)
No utility or trench openings will be permitted after any roadway
has been overlaid or reconstructed for a period of three years, unless
the entire roadway is milled and repaved 10 feet beyond the utility
or trench opening to provide for a smooth transition between the newly
paved asphalt and existing asphalt.
(6)
Unless otherwise provided, for a period of 12 months following the
completion of the permanent restoration of the road or right-of-way,
the contracting party shall be responsible for the condition of the
excavation or trenched area. All necessary steps shall be taken to
ensure that the road or right-of-way remains in good condition without
settlement or defective pavement. Should the excavation settle or
the pavement break down during this time period, it is the responsibility
of the applicant to bring the road or right-of-way back to its original
condition. Acceptance or approval by the Township of any excavation
work and replacement thereof and resurfacing, if any, shall not prevent
the Township from asserting a claim against the applicant for incomplete
or defective work, if discovered within 12 months from the permanent
restoration.
(7)
All excavations by the Township shall be backfilled and compacted
as determined by the Director of Public Works or their designee.
B.
Sidewalk and curb.
(1)
During utility installation. At the end of each workday, open area
must be backfilled with compacted quarry process stone flush with
the existing sidewalk or curb surface, respectively.
(4)
Temporary restoration. If the weather precludes permanent restoration,
then the open surface shall be stabilized with a minimum four inch
thickness of compacted temporary pavement. The area shall be maintained
as needed to provide a stable surface.
C.
Lawn area.
(1)
During utility installation. At the end of each workday, open area
must be backfilled with suitable fill material flush with the existing
lawn.
(2)
Permanent restoration. Within 14 calendar days of completion of the
permitted utility installation, the lawn shall be restored with a
six inch thickness of topsoil, seed, fertilizer and mulch.
(3)
Temporary restoration. If weather precludes permanent restoration,
then the lawn area shall be mulched to prevent soil erosion.
[1971 Code § 63-19]
No person shall unnecessarily obstruct any street or public
place with any kind of vehicle(s) or box(es), lumber, wood or any
other thing; but the provisions of this subsection shall not prevent
persons who are building from occupying, until notified by any Township
official to cease such occupancy, 1/2 of the street in front of the
place where they are so building, unless another person is building
on the opposite side of the street, in which case neither shall occupy
more than 1/4 of the street; no person who is building shall continue
such occupancy of any street after notice from any Police Officer
to discontinue the same.
[1971 Code §§ 39-1, 39-2, 39-3; Ord. No. 3-1-83; Ord. No. 92-3 §§ 1, 2]
A.
Required. The construction of any driveway or private road at its
connection with a municipal road is prohibited unless a permit therefor
has first been obtained from the Township Construction Department
or Code Enforcement Officer/Building Inspector/Zoning Officer. The
fee for each driveway permit shall be $50.
B.
Application for permit; cash deposit or bond. The application for
the permit shall be accompanied by a performance guarantee in an amount
determined to be appropriate by the Township Engineer or Supervisor
of Roads. Ten percent of the required performance guarantee shall
be by way of cash, with the balance of 90% to be either by way of
a surety bond, an irrevocable letter of credit, or at the choice of
the applicant, cash. The performance guarantees, i.e., cash and surety
bond or irrevocable letter of credit, shall be refunded to the permittee
upon approval of the installation of the driveway by either the Township
Engineer or the Supervisor of Roads, that the work has been satisfactorily
completed in accordance with the terms of the permit.
C.
Contents of permit. The permit shall specify the location of the driveway or private road and shall contain such other specifications and conditions as the Township Engineer or the Supervisor of Roads may require affecting drainage and juncture with the municipal road Land Use Chapter 54, Article 102 et seq. (maximum width of driveway shall not exceed 22 feet).
[1971 Code § 39-5]
It shall be the duty of the permittee to properly guard the
construction by erecting suitable barriers, warning signs and lanterns,
and the permittee shall be liable for any neglect to safeguard the
traveling public.
[1971 Code § 39-4]
Any driveway or private road shall be constructed at its connection
with a municipal street so as to prevent water from draining into
the driveway or across a municipal road. (per Land Use Chapter 54-102
et seq.).
[1971 Code § 32-1]
The owner or tenant of any lands lying within the limits of
the Township shall keep all brush, hedges and other plant life growing
within 10 feet of any roadway and within 25 feet of the intersection
of two roadways cut to a height of not more than 2 1/2 feet where
it shall be determined necessary and expedient for the preservation
of the public safety, within 10 days after notice to cut and remove
the same.
[1971 Code § 32-3]
The Council shall from time to time determine by resolution
as to whom such notice shall be given pursuant to this section.
[1971 Code § 32-2]
Notice to cut and remove objectionable brush, hedges and other
plant life shall be given by the Township Clerk to the owner or tenant
by registered mail to the last known post office address.
[1971 Code § 32-4]
In the event of the failure of any owner or tenant to keep all
brush, hedges and other plant life, growing within 10 feet of any
roadway and within 25 feet of the intersection of two roadways, cut
to a height of not more than 2 1/2 feet after written notice,
the Township may proceed to cause the cutting and removal of such
brush, hedges and other plant life under the direction of the Director
of Public Works.
[1971 Code § 32-5]
In any case where the Township has cut and removed brush, hedges
and other plant life, the Director of Public Works shall certify to
the Council the cost, and if the amount so certified is by resolution
of the Council determined to be correct and reasonable, the Township
Clerk shall deliver a certified copy of the resolution to the Tax
Collector. The amount so charged shall become a lien upon the lands
from which the brush, hedges and other plant life were cut and removed,
and shall be added to, become, and form part of the taxes next to
be assessed and levied upon the lands, the same to bear interest at
the same rate as other taxes, and shall be collected and enforced
by the Tax Collector in the same manner as taxes, as authorized by
N.J.S.A. 40:48.2-26 and 40:48.2-27.
[1971 Code § 32-6]
Any person who shall refuse or neglect, after written notice,
to comply with the demands made with respect to the cutting of the
foregoing for the preservation of the public safety of the citizens
of the Township, within the period of time set forth, shall, upon
conviction, be liable to the penalty not to exceed $50. Each and every
day in which the owner or tenant shall refuse or neglect to cut the
matter shall be and constitute a separate offense. (The imposition
and collection of any fine or penalty prescribed by this subsection
shall not bar the right of the Township to collect the cost of the
cutting of the brush, hedges and other plant life, as hereinbefore
specified; and the remedies shall be cumulative.)
[Ord. No. 91-15 § I; Ord. No. 93-19, § 1; Ord. No. 04-30 § 1]
The owner, tenant, occupant or other person having charge of
a dwelling, store, building or lot in the Township shall, within 24
hours after the cessation of every fall of snow, slush or sleet, or
formation of ice upon the sidewalk abutting any dwelling, store, building
or lot, cause the snow, slush, sleet or ice to be removed from the
sidewalk to a width of at least 18 inches. In the event that the formation
of ice cannot be removed within the penalty time, sand or a "non-corrosive
ice and snow melter" shall be spread on the icy surface to make the
sidewalk safe for pedestrian traffic.
[Ord. No. 91-15 § I; Ord. No. 93-19, § 1; Ord. No. 04-30 § 2]
No person, firm, corporation, owner, tenant or occupant of any
premises abutting on any street shall throw, place or deposit any
snow or ice into or upon any sidewalk or street in the Township. It
is the intent and purpose of this provision to prohibit all persons
from throwing, casting, placing, plowing or depositing snow and ice
upon sidewalks or streets of the Township.
[Ord. No. 91-15 § I; Ord. No. 93-19 § 1; Ord. No. 04-30 § 3]
The owner of any garden apartment in the Township shall, within
24 hours after the cessation of every fall of snow, slush or sleet,
or formation of ice upon the sidewalk abutting any dwelling, store,
building or lot, cause the snow, slush, sleet, or ice to be removed
from the sidewalk to a width of at least 18 inches. In the event that
the formation of ice cannot be removed within the penalty time, sand
or a "non-corrosive ice and snow melter" shall be spread on the icy
surface to make the sidewalk safe for pedestrian traffic.
[Ord. No. 91-15 § I; Ord. No. 93-19 § 1]
Upon the installation of street improvements by a developer
and prior to acceptance by the Township, the developer shall be responsible
for the maintenance of the streets including, but not limited to,
maintaining the streets free of snow and ice. In the opinion of the
Director of Public Works or his designee, if a developer has not kept
any streets in his control free and clear of ice and snow within a
reasonable time after any storm, then the Township shall be authorized
to plow or treat the streets for snow and ice and the plowing or treatment
shall not be considered an acceptance of the roadways. If the Township
shall plow or treat the snow and ice, the developer shall pay to the
Township fees which are hereby established at the rate of $0.25 per
running foot of street for the plowing and $0.25 per running foot
of street for each application of salt and/or sand which fee shall
be paid by the developer within 10 days of the submission of a statement
to the developer.
[Ord. No. 91-15 § I; Ord. No. 93-19, § 1]
Upon the failure of the owner or tenant to remove or provide
for the removal of snow and ice, the Township may remove the same
and the cost thereof shall be chargeable and assessable against the
lands abutting upon the public highways in the Township on such garden
apartment complex from which the snow and ice is removed as follows:
A.
The officer or employee of the Township in charge of the removal
thereof shall certify the cost thereof to the Township Council.
B.
The Township Council shall examine such certificate and if found
to be correct shall cause the cost to be charged against the lands
after affording the owner a reasonable opportunity to appear before
the Council or its designated agent.
C.
The amount so charged shall thereupon become a lien and a tax upon
such real estate and be added to and be part of the taxes next to
be levied and assessed thereon and enforced and collected with interest
by the same officer and in the same manner as other taxes.
[Ord. No. 91-15 § I; Ord. No. 93-19, § 1]
[Ord. No. 99-28 § 1]
The owner of any lands lying within the limits of the Township
shall maintain and be responsible for the proper upkeep of that part
of the street between the property line and the curb abutting his
or her property, including corner areas adjacent to corner lots either
within or without the property lines. Such upkeep shall include the
proper maintenance and repair of the sidewalk in places where such
sidewalk exists.
[Ord. No. 99-28 § 1]
In case any owner shall suffer or permit any such sidewalk to
fall into such disrepair as to constitute a condition which is dangerous
or hazardous to the safety of the public, such owner shall repair
the same within 30 days after notice to repair.
[Ord. No. 99-28 § 1; Ord. No. 02-04 § 1]
The Township Engineer or Director of the Department of Public
Works shall determine to whom such notice shall be given of a dangerous
or hazardous sidewalk condition.
[Ord. No. 99-28 § 1; Ord. No. 02-04 § 2]
Notice to repair sidewalks shall be given by the Township Clerk
to the owner or occupant by registered mail to the last known post
office address of the affected property owner.
[Ord. No. 99-28 § 1; Ord. No. 02-04 § 3]
In the event of the failure of any property owner to repair the sidewalk after 60 days of receiving written notice, pursuant to Subsection 16-6.2, the Township Council may determine, by resolution, that the Township proceed to repair said sidewalk under the direction of the Director of the Department of Public Works.
[Ord. No. 99-28 § 1]
In any case where the Township has repaired the sidewalk, the
Director of Public Works shall certify to the Council the cost, and
if the amount to be certified is by resolution of the Council determined
to be correct and reasonable, the Township Clerk shall deliver a certified
copy of the resolution to the Tax Collector. The amount so charged
shall become a lien upon the lands abutting the sidewalk which was
repaired, and shall be added to, become, and form part of the taxes
next to be assessed and levied upon the lands, the same to bear interest
at the same rate as other taxes, and shall be collected and enforced
by the Tax Collector in the same manner as taxes, as authorized by
N.J.S.A. 40:48-2.26 and 40:48-2.27.
[Ord. No. 99-28 § 1]
Any person who shall refuse or neglect, after written notice, to comply with the demands made with respect to the repair of the sidewalk for the preservation of public safety of the citizens of the Township, within the period of time set forth, shall, upon conviction be liable to a penalty stated in Chapter 1, Section 1-5 of the Rockaway Township Code. Each and every day in which the owner shall refuse or neglect to repair the sidewalk shall be and constitute a separate offense. (The imposition and collection of any fine or penalty prescribed by this subsection shall not bar the right of the Township to collect the cost of the repair to the sidewalk, as hereinbefore specified; and the remedies shall be cumulative.)
[Ord. No. 04-28 § 1]
A.
In those developments where sidewalks are present, property owners
are prohibited from removing the sidewalk. For those properties where
the sidewalk has been removed after the date of publication of the
adoption of this subsection,[1] despite the existence of sidewalks within the development,
sidewalks must be installed at the sole cost and expense of the property
owner. In the event the sidewalk is removed or damaged during construction
or pavement of a driveway occurring after the date of publication
of the adoption of this subsection, the sidewalk must be repaired
or reinstalled at the sole cost and expense of the property owner.
[1]
Note: Ordinance No. 04-28, codified herein, was adopted September
7, 2004.
B.
For those properties where the sidewalk has been removed prior to
the date of publication of the adoption of this subsection, despite
the existence of sidewalks within the development, sidewalks must
be installed at the sole cost and expense of the property owner upon
removal and replacement of the existing driveway. Upon replacement
of any existing driveway that does not have sidewalks despite the
existence of sidewalks within the development, sidewalks must be installed
at the sole cost and expense of the property owner.
[Ord. No. 05-4 § 1]
As used in this section:
The area between the sidewalk and the edge of the paved portion
of the roadway.
Driveway aprons that exist as of the effective date of this
section.[1]
[1]
Note: Ordinance No. 05-4, codified herein, was adopted February
1, 2005.
[Ord. No. 05-4 § 1]
[Ord. No. 10-19]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Township
of Rockaway so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
[Ord. No. 10-19]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, man-made channels, or storm drains) that is owned or operated
by the Township of Rockaway or other public body, and is designed
and used for collecting and conveying stormwater. MS4s do not include
combined sewer systems, which are sewer systems that are designed
to carry sanitary sewage at all times and to collect and transport
stormwater from streets and other sources.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
An opening in a storm drain used to collect stormwater runoff
and includes, but is not limited to, a grate inlet, curb-opening inlet,
slotted inlet, and combination inlet.
The ocean and its estuaries, all springs, streams and bodies
of surface or ground water, whether natural or artificial, within
the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 10-19]
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
Storm drain inlets identified in this section shall comply with
the following standard to control passage of solid and floatable materials
through storm drain inlets. For purposes of this paragraph, "solid
and floatable materials" means sediment, debris, trash, and other
floating, suspended, or settleable solids. For exemptions to this
standard, see paragraph C below.
A.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
(1)
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
(2)
A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns fields, open channels, and
stormwater basin floors.
B.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb-opening
has two or more clear spaces) shall have an area of no more than seven
square inches, or be no greater than two inches across the smallest
dimension.
C.
This standard does not apply:
(1)
Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
(2)
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
(3)
Where flows are conveyed through a trash rack that has parallel bars
with one inch spacing between the bars; or
(4)
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. No. 10-19]
This section shall be enforced by the Engineering Department
and/or the Department of Public Works of the Township of Rockaway.
[Ord. No. 10-19]
Any person violating this section shall be subject, upon conviction,
to one or more of the following at the discretion of the Court: a
fine not to exceed $1,250 or imprisonment in the County Jail for a
term not to exceed 90 days or community service not to exceed 90 days.
[Ord. No. O-20-22]
As used in this section, the following terms shall have the
meanings indicated:
Pursuant to N.J.S.A. 48:2-13.a, for the purposes of this
section, the term "public utility" shall include every individual,
copartnership, association, corporation or joint stock company, their
lessees, trustees or receivers appointed by any court whatsoever,
their successors, heirs or assigns, that now or hereafter may own,
operate, manage or control within this state any railroad, street
railway, traction railway, autobus, charter bus operation, special
bus operation, canal, express, subway, pipeline, gas, electricity
distribution, water, oil, sewer, solid waste collection, solid waste
disposal, telephone or telegraph system, plant or equipment for public
use, under privileges granted or hereafter to be granted by this state
or by any political subdivision thereof.
[Ord. No. O-20-22]
A.
Incorporated herein are the provisions of N.J.S.A. 48:7-1, which
state as follows:
(1)
Any company organized or to be organized pursuant to the laws of
this state for the purpose of constructing, maintaining and operating
works for the supply and distribution of electricity for electric
light, heat or power may use the public highways, streets and alleys
in this state for the purpose of erecting poles to sustain the necessary
wires and fixtures, upon first obtaining the consent in writing of
the owners of the soil. The poles shall be so located as in no way
to interfere with the safety or convenience of persons traveling on
the highways.
(2)
No poles shall be erected in any street of an incorporated city or
town without first obtaining from the incorporated city or town a
designation of the street in which the same shall be placed and the
manner of placing the same. Such use of the public streets shall be
subject to such regulations as may be first imposed by the corporate
authorities of the city or town.
B.
Pursuant to N.J.S.A. 48:3-19, the consent of the municipality shall
be obtained for the use by a person of poles or other public utility
equipment that may be owned or operated by or under the control of
another person, unless each person has an independent lawful right
to maintain poles in such street, highway or other public place.
C.
Nothing in this section shall be construed as affecting the obligations
of public utilities to private property owners pursuant to N.J.S.A.
48:7-1 respecting the erection or maintenance of poles or other equipment
on private property.
D.
Except in cases in which Subsection 16-9.2B of this section may be implicated by the fact that internet companies may use poles and other equipment over which a public utility has ownership, dominion, and/or control pursuant to the conditions hereof, nothing in the public utility right-of-way ordinance shall be construed as governing the placement of poles or other equipment which may be installed by internet providers in support of internet, small-cell internet, and/or 5G services.
[Ord. No. O-20-22]
A.
No new or replacement utility poles or equipment shall be installed
within a municipal/public right-of-way unless such installation:
(1)
Complies with the provisions of N.J.S.A. 48:3-17a.a. through c. and
d.;
(2)
Is the subject of advanced notice to the Township by way of a street
opening permit application,
as described by and subject to the provisions of this chapter. The
street opening permit application is processed through the Municipal
Clerk;
(3)
Is consented to by the Administration by way of issuance of a street
opening permit. Except that the provisions of N.J.S.A. 48:3-17a.f.
shall apply in the event of "emergency conditions," as specifically
defined thereby.
B.
The Administration is authorized to condition the street opening
permit application and approval process to the extent that it deems
necessary to provide for the safe placement of utility poles and other
equipment and the appropriate construction thereof. Such conditions
shall include, but not be limited to the following:
(1)
Provision of a signed and sealed survey prepared by a New Jersey
licensed surveyor demonstrating that any proposed equipment that is
the subject of the permit application is or will be located within
the municipal right-of-way. An application which does not include
such a survey when determined warranted by Administration shall be
deemed incomplete;
(2)
A new pole(s) being used to bring public utility service across the
right-of-way to an existing or proposed development from an existing
pole(s), replacing an existing pole(s), which shall be removed at
the time of installation of the new pole;
(3)
The installation does not inhibit any existing sight triangles/distances/easements and otherwise complies with § 54-29.4, Streets, of the Rockaway Township Municipal Code;
(4)
Allows adequate room for the public to pass and re-pass across the
municipal right-of-way;
(5)
Is determined not to impede on the right-of-way operation and maintenance,
as determined by the Department of Public Works;
(6)
Is determined not to interfere with right-of-way usage by first responders;
(7)
Is determined not to interfere with the ingress and egress on to
and off of private property;
(8)
Is determined not to cause a traffic hazard or other hazardous condition;
(9)
Is installed in accordance with Township Construction Requirements,
as specifically described within this chapter.
[Ord. No. O-20-22]
A.
Public utilities shall be responsible for the continuing maintenance
requirements and procedures to be established by the administration
respecting all poles or other equipment owned or utilized by public
utilities, which maintenance requirements shall include but not be
limited to the following:
[Ord. No. O-20-22]
Failure of a public utility to comply with any of the provisions
of this section shall subject such utility to the penalty provisions
of N.J.S.A. 48:3-17a.e.
