Township of Pequannock, NJ
Morris County
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Table of Contents
Table of Contents
No person shall engage or participate in any practice, sport or exercise having a tendency to annoy, disturb or frighten any person on any sidewalk, street, road, avenue, park or other public place.
No person shall place or permit to be placed upon any sidewalk any object or thing that shall in any manner obstruct such sidewalk or render travel upon such sidewalk dangerous or unsafe.
No person shall remove, displace, break or change any sign or light or signal set up or placed in any street or public places as a warning of danger, or indicating an excavation or obstruction, or showing that any street or public places is closed to traffic. No person shall, between the hours of sunset and sunrise, extinguish any light used for any purpose set forth in this section.
No person shall open any manhole or drain inlet, or remove the cover or grate thereof without authorization from the Director of Public Works or other administrative authority. Such opening shall be appropriately barricaded and shall be so marked both day and night, as to be plainly seen at a distance of 50 feet. The barricade shall be maintained as long as the manhole shall remain opened or uncovered. Barricades must conform to the requirements of the Manual of Uniform Traffic Control Devices, latest edition, and shall be approved by the Township Engineer.
No person shall ride, drive or pass over along any sidewalk with horses, motor vehicles or motorcycles. This section shall not prevent the use of driveways or the crossing of a sidewalk at right angles for the purpose of entering upon property.
The Township Manager or his agent may close any street or public place or section thereof to public traffic for the purpose of repairing, constructing or reconstructing the same.
No person shall organize or conduct or assist in the organization or conduct of any parade upon any of the public streets or public places without obtaining a permit therefor from the Township Manager.
No person shall make, light, start or maintain any fire upon any street or roadway.
It shall be unlawful for any person to erect, construct or install a drainage ditch, culvert, drain pipe, bridge or any other drainage structure or obstruction affecting the drainage of any type of premises in the Township without first obtaining permission therefor from the Township Council or other agency having jurisdiction.
Applications for permits under this article shall be submitted in writing to the Township Council and shall include the following:
A. 
A map or diagram of the property with the location of all present or proposed ditches, streams, brooks, pipes and/or drainage structures.
B. 
Elevations based on United States Geodetic datum of all such features shown.
C. 
The percentage of grade of the flow line of the proposed drainage structure, pipe or other construction.
D. 
The disposition which will be made of the water being drained or channeled from the premises.
E. 
Permits or statements of nonjurisdiction from the appropriate county, state or federal agencies.
Applications for permits under this article shall be immediately referred to the Township Engineer or other authority designated by the Township Council. The application and site shall be examined by such engineer or other authority for its compliance with the master drainage system of the Township, and a report or recommendation shall be made concerning the proposal to the Township Council at its next subsequent meeting.
In passing upon applications for permits under this article, the Township Council shall require that all drainage structures which drain water off the premises of the applicant shall be extended and tied into storm drains, ditches or other existing publicly owned or controlled drainage for the area. It shall also require that the pipe or structure be of sufficient size and be installed to the proper grade, taking into consideration the size of the area to be drained. If all standards are complied with and the drainage structure meets good construction and engineering practice, a permit shall be granted by the Township Council.
All drainage ditches, culverts, drains, pipes and drainage structures shall be kept open and free flowing at all times. It shall be unlawful for any person to throw or place debris or material of any manner whatsoever or to cause such to be thrown or placed into any drainage ditch or drainage structure under the control of the Township or any municipal, county, state or federal governmental agency.
A. 
The owner, occupant or tenant of premises abutting or bordering upon any street in the Township shall remove all snow and ice from the abutting sidewalks of such streets, or in case of ice, which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand or ashes or a de-icing material, within 12 hours of daylight after the same shall fall or be formed thereon.
B. 
In case the building is occupied by more than one family or business unit, then the tenant or occupant of the first floor or story thereof is hereby required to removal all snow and ice from such portion of the sidewalks, or in the case of ice which it is impracticable to remove, cover the same with sand or ashes or a deicing material, within 12 hours of daylight after the same shall be formed or fall thereon.
No person shall throw, place or deposit any snow or ice into or upon any street in the Township, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow and ice, which accumulated within the private property belonging to such person, upon the sidewalks or streets of the Township.
In case snow and ice shall not be removed from such sidewalks or shall be cast, deposited thereon or placed upon any sidewalks or street by the owner, tenant or occupant of any premises as provided in 160.03.030 and 160.03.040, the same shall be removed forthwith and under the direction of the Township Engineer, and the cost of such removal, as clearly as can be ascertained, shall be certified by the Township Engineer to the Township Council. The Township Council shall examine such certification, and if found to be correct, shall cause such cost to be charged against such real estate so abutting or bordering upon such sidewalks, and the amount so charged shall forthwith become a lien and a tax upon such real estate or land and be added to, recorded and collected in the same way and manner as the taxes next to be levied and assessed upon such premises, and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine imposed for a violation of this chapter shall not constitute any bar to the right of the Township to collect the cost as certified for the removal of such snow and ice in the manner herein authorized.
Penalties for failure to comply with Section 160.03.030 shall be $35 plus $15 court cost payable through the "Violations Bureau."
When it shall be deemed by the Township Zoning Officer to be expedient for the preservation of public safety, owners or tenants of lands lying within the Township may be required to keep all brush, hedges and other plant life growing within 10 feet of any roadway or within 25 feet of the intersection of two or more roadways cut to a height of not more than 2-1/2 feet.
In such cases, the Township Zoning Officer shall give written notice to the property owner or tenant, specifying the reasons why it is deemed necessary that the brush, hedges or other plant life be cut to required height and directing such property owner or tenant to comply with the order of the Township Zoning Officer within 10 days from the receipt of such notice.
If the notice provided for in 160.04.040 is not complied with in the time specified, the Township Manager may direct the cutting of the brush, hedges or other plant life to the required height. In such case, the Township Manager shall certify the cost thereof to the Township Council, and if such cost is found to be reasonable, it shall be charged against the land is affected. Should the Township Council determine the cost as certified to be excessive, it shall cause the reasonable cost thereof to be charged against such lands.
The amount charged pursuant to 160.04.030 shall forthwith become a lien upon such lands and shall be added to and become a part of the taxes next to be assessed and levied thereon, the same to bear interest at the same rate as other taxes and to be collected and enforced by the Tax Collector in the same manner as taxes.
Whenever it is required by the Township Council or Planning Board that streets be installed or upgraded by a property owner or developer, such streets shall conform to the specifications and construction standards and procedures set forth in this section.
All work, methods, procedures and materials shall conform to New Jersey Department of Transportation, Standard Specifications for Road and Bridge Construction of 1989 and addenda to said specifications, unless otherwise stated herein and shall be referenced to, herein, as the "NJDOT Standard Specifications."
There is attached hereto and made a part hereof a drawing entitled "Minimum Standards of Road Construction, Township of Pequannock." This drawing and these specifications shall complement the regulations and requirements of the Pequannock Township Subdivision Ordinance.
All work performed in the public right-of-way shall require a street opening permit, issued by the Township Clerk in accordance with Article VI of this chapter. Construction permits shall not be required in developments where site plans have been approved by the Township Planning Board or Board of Adjustment and proper performance bonds have been posted.
All improvements shall be installed under the supervision and inspection of the Township Engineer or his authorized representative. No underground installation shall be covered until inspected and approved by the Township Engineer or his authorized representative.
In all roadway construction and improvement work requiring municipal approval and/or inspections, the Township shall be reimbursed for the cost of reviewing plans and/or inspections. Inspection costs shall also include laboratory tests required by the Township Engineer or his authorized representative of any materials to be used in the construction project.
A. 
Public utilities. All construction work for the installation of electric power and light, gas mains, and telephone services shall be performed in accordance with the regulations and requirements of the public utility having jurisdiction thereto.
B. 
Public water supply. The installation of water mains shall be in accordance with the approved plans and the regulations and requirements of the Pequannock Township Water Department.
C. 
Street drainage. All drainage work, including piping, catch basins, manholes and other appurtenances shall be installed in accordance with the approved plans and as directed by the Township Engineer or his authorized representative. Drainage design shall be based on the requirements of Chapter 156, Stormwater Management or as specified by the Township Engineer.
D. 
Street sewers. All new sanitary sewers, including house connections within the public right-of-way, shall be installed in accordance with the approved plans, and as directed by the Township Engineer of his authorized representative.
E. 
Curbing. Concrete curbing shall conform to the details shown on the Roadway Construction Standards Drawing and requirements of the NJDOT Standard Specifications.
F. 
Pavement.
(1) 
General provisions.
(a) 
Road pavements and pavement width shall conform to the approved plans and to the details shown on the Roadway Construction Standards Drawing.*
(b) 
Where existing road pavements are excavated, broken up, or show other visible signs of damage caused by the installation of public utilities, construction traffic, the replaced roadway subgrade, base, and surface shall be better than or equal to the original.
(c) 
Material excavated from the roadway may be used as trench backfill, provided that it is free from roots, large stones, chunks of clay, concrete or asphalt.
(d) 
The dense graded, aggregate base course, bituminous stabilized base course, and bituminous concrete surface course shall conform to the approved plans, to the details shown on the Roadway Construction Standards drawing, and to the NJDOT Standard Specifications.
(e) 
In all cases, the bituminous concrete surface course material shall extend to the furthest limit of surface damage, in the construction area, as determined by the Township Engineer or his authorized representative, or 1 1/2 times the excavation width beyond all sides of the trench area, whichever is greater.
(f) 
All areas where new surface material shall meet existing surface material shall be smooth, tight seams.
(2) 
Dense Graded Aggregate.
(a) 
Materials. The materials shall *[be broken stone of trap rock, granite, gneiss, dolomite or limestone or blast furnace slag. The large aggregate shall be 2-1/2 inches in size. The materials shall]* conform to the requirements of Section 901 of the NJDOT Standard Specifications.
(b) 
Methods of construction.
[1] 
Dense graded aggregate shall not be laid on the subgrade until the subgrade has been thoroughly inspected by the Township Engineer or his duly authorized representative and meets with his approval.
[2] 
The dense graded aggregate base course shall be rolled to a minimum thickness of four or *[six inches,]* as specified, with a three-wheeled power roller weighing not less than 10 tons and a weight on the rear rolls of not less than 330 pounds per inch of width of roll. The rolling shall begin at the sides and progress to the center parallel to the center line of the road.
[3] 
The dense graded aggregate base course shall be placed in a manner which meets the requirements of Section 301 of the NJDOT Standard Specifications.
(3) 
Bituminous stabilized base course Type CA-BC.
(a) 
Materials.
[1] 
Bituminous stabilized base course materials shall conform to the requirements therefor as specified in Section 903 of the NJDOT Standard Specifications.
[2] 
Bituminous stabilized base course shall be Mix I-2 as specified in Section 903 of the NJDOT Standard Specifications.
(b) 
Methods of construction.
[1] 
The bituminous stabilized base course shall be spread, in conformance with the cross section shown on the Roadway Construction Standards drawing, by a bituminous concrete paver which shall be self-contained, power-propelled, provided with an activated screed or strike-off assembly. No bituminous concrete material shall be placed when the atmospheric temperature is below 45° F. or when the weather is foggy, rainy or otherwise unfavorable unless approved by the Township Engineer or his duly authorized representative.
[2] 
After the material has been properly spread, initial compaction shall be obtained by rolling with a three-wheel power-driven roller having a load of not less than 330 pounds per inch of width of rear wheel and a total metal weight of not less than the 10 tons.
[3] 
Subsequent rolling shall be done with a two-axle tandem roller which shall be power driven and shall have a load of not less than 250 pounds per inch of width of tread of drive roll and shall have a total metal weight of not less than eight tons.
[4] 
Rolling shall begin at the sides and progress gradually to the center, until the entire surface has been rolled by the rear wheels. If the width of the base course permits, it shall be subjected to a diagonal rolling crossing the lines of the first. Placement of the base course shall be in a manner which meets the requirements of Section 304 of the NJDOT Standard Specifications.
[5] 
Any pavement that becomes loose and broken or mixed with dirt, or is in anyway defective shall be removed and replaced with new material which shall be immediately compacted to conform to the surrounding area. Any area showing an excess of bituminous material shall be removed and replaced.
[6] 
When directed by the Township Engineer or his duly authorized representative, core samples shall be cut from the completed pavement and the same forwarded to the Township Engineer. The areas of pavement so removed shall be replaced with new material and refinished. No structure served by said street shall be occupied during the period between November 15 and March 15 unless the bituminous stabilized base course has been installed or unless otherwise consented by the Township Council.
(4) 
Bituminous concrete surface course.
(a) 
Material. Bituminous concrete surface course, Mix I-5, materials shall conform to the requirements therefor as specified in Section 903 of the NJDOT Standard Specifications.
(b) 
Methods of construction.
[1] 
The bituminous-concrete surface course shall be spread in conformance with the cross section shown on the Roadway Construction Standards drawing by a bituminous concrete paver which shall be self-contained, power propelled, provided with an activated screed or strikeoff assembly. No bituminous concrete material shall be placed when the atmospheric temperature is below 45° F., or when the weather is foggy, rainy or otherwise unfavorable, unless approved by the Township Engineer or his duly authorized representative.
[2] 
After the material has been properly spread, initial compaction shall be obtained by rolling with a three-wheel power-driven roller, have a load of not less than 330 pounds per inch of width of rear wheel and a total metal weight of not less than 10 tons.
[3] 
Subsequent rolling shall be done with a two-axle tandem roller which shall be power driven and shall have a load of not less than 250 pounds per inch of width of tread of drive roll and shall have a total metal weight of not less than eight tons.
[4] 
Rolling shall begin at the sides and progress gradually to the center, until the entire surface has been rolled by the rear wheels. If the width of the surface course permits, it shall be subjected to a diagonal rolling in two directions, the second diagonal rolling crossing the lines of the first. Rolling shall be continued until all roller marks are eliminated and the finished surface meets the requirements specified in Section 404 of the NJDOT Standard Specifications.
[5] 
Along curbs and at other places not accessible to the roller, the material shall be thoroughly compacted with hand or mechanical tampers and hot smoothing irons in a manner which shall be suitable to the Township Engineer or his duly authorized representative.
[6] 
Any pavement that becomes loose or broken or mixed with dirt, or is in any way defective, shall be removed and replaced with new material which shall be immediately compacted to conform to the surrounding pavement area. Any area showing an excess of bituminous material shall be removed or replaced.
[7] 
When directed by the Township Engineer or his duly authorized representative, core samples shall be cut from the completed pavement and the same forwarded to the Township Engineer. The areas of pavement so removed shall be replaced with new material and refinished.
A. 
Concrete sidewalks.
(1) 
Concrete sidewalks shall conform to the details shown on the Roadway Construction Standards Drawing.
(2) 
The concrete shall be Class B air entranced and shall conform to the requirements of Section 914 of the NJDOT Standard Specifications.
(3) 
Concrete sidewalks shall be constructed in a manner which meets the requirements of Section 607 of the NJDOT Standard Specifications.
B. 
Bituminous concrete sidewalks.
(1) 
Bituminous concrete sidewalks shall conform to the details shown on the Roadway Construction Standards Drawing.*
(2) 
The sidewalks shall have a four-inch thick dense graded aggregate base, meeting the requirements of Section 301 of the NJDOT Standard Specification.
(3) 
Bituminous concrete surface course shall consist of compacted bituminous concrete Mix I-5, two inches in depth, and shall be constructed in accordance with Section 404 of the NJDOT Standard Specifications.
C. 
Alternative sidewalk types. Materials for sidewalk construction other than concrete or bituminous concrete will be considered and, if approved, materials and construction methods must be in accordance with all standards deemed applicable by the Township Engineer.
Upon completion of construction, all equipment, unused materials and refuse shall be removed from the site of the work, and all public and private properties damaged or disturbed during the course of construction shall be replaced or repaired. The site shall be put as nearly as possible into conditions corresponding to that which existed prior to construction, all to the satisfaction of the Township Engineer or his authorized representative.
Under no circumstances will an existing street or roadway be completely closed to vehicular traffic during construction or reconstruction. Access to existing driveways having ingress and egress to existing public streets or roadways being affected by said improvements shall be maintained at all times.
All roadway and utility construction on any roadways shall not be performed during the winter months between November 15 and March 15 of any year unless written approval had been obtained from the Township Engineer or his authorized representative to allow construction of said utilities or improvements during this time period.
A. 
The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise:
APPLICANT
Any person who makes the application for a permit.
DIRECTOR
The person in charge of the Department of Public Works in the Township or his authorized deputy or representative.
EMERGENCY
Any unforeseen circumstances or occurrence, the existing of which constitutes a clear and immediate danger to persons or properties.
MUNICIPAL AUTHORITY
Any body corporate and politic created pursuant to the laws of the State of New Jersey.
PERMITTEE
Any person who has been issued a permit and has agreed to fulfill all the terms of this section.
PERSON
Includes any natural person, partnership, firm association, utility, corporation or authority created pursuant to an act of the New Jersey General Assembly. Whenever used in any section prescribing and imposing a penalty, the term "person" as applied to associations, shall mean the partners or members thereof, and as applied to corporation, the officers thereof.
PUBLIC UTILITY COMPANY
Any company subject to the jurisdiction of and controlled by the New Jersey Public Utility Commission.
STREET
Includes a public streets, public easement, public right-of-way, public highway, public alley, public way or public road accepted or maintained by the Township.
SURFACE
All area within the public right-of-way, including but not limited to the paved area and the shoulder area.
TOWNSHIP
The Township of Pequannock, County of Morris, State of New Jersey.
B. 
In this section, the singular shall include the plural and the masculine shall include the feminine and the neuter.
It shall be unlawful for any person to place any form of construction, in, over or upon any Township-owned or unaccepted dedicated street, avenue, highway, lane, alley or public place in the Township without first obtaining a permit from the Township for each separate undertaking. Any public utility maintaining pipe, line or other underground facility in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately. The utility shall thereafter apply for a permit on the first regular business day. In all cases where emergency openings are necessary, the Township Police Department shall be notified prior to each opening.
No person to whom a permit has been granted shall perform any work beyond that specified in the permit without approval by the Director for additional work under the provisions of the permit. Any additional deposit required shall be provided prior to commencement of the additional work.
Work for which a permit has been issued shall commence within 30 days after issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated unless the permittee applies to the Director for an extension of time. A new application must be filed if an extension of time is not requested within the thirty-day period after the issuance of the original permit.
Permits are not transferable from one person to another and the work shall not be made in any place other than the location specifically designated in the permit.
Every permit shall expire within the time stated in the permit. If work is not completed within the specified time, the applicant shall submit to the Director, in writing, a request for an extension of time setting forth therein the reasons for the requested extension. If, in the opinion of the Director, such an extension is necessary and will not cause disruption to public safety, the permittee may be granted additional time for the completion of the work.
All street openings required by utilities owned and/or operated by the Township shall be made and restored under the direction and supervision of the Director. The permit fee, deposit and insurance requirements of the Article shall not be applicable to any openings made by the Township.
A. 
Any permit may be revoked by the Director after notice to the permittee for:
(1) 
A violation of any condition of the permit or of any provision of this article.
(2) 
A violation of any provision of any other applicable law or ordinance relating to the work.
(3) 
Existence of any condition or the doing of any act constituting or creating a nuisance or endangering safety or property.
B. 
A permittee shall be granted a period of three days from the date of the notice from the Director to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before said permit is revoked. Written notice shall consist of a certified letter to the permittee from the Director briefly outlining the reasons for revoking the permit. Revocation of any permit shall give the Township the right to complete the work and restore the street to the proper condition as outlined in this article. Any and all expenses incurred by the Township shall be recovered from the deposit or bond that the permittee has been made or filed with the Township.
A. 
Application for a permit shall be made to the Director on the form provided at least 48 hours in advance of any construction. No work shall commence until the applicant has paid and provided all fees, deposits, certificates and bonds required by this article. Also, the permit shall be issued by the Director after the application has been made.
B. 
The application form shall correctly state:
(1) 
The name of the property owner (service work).
(2) 
The house number and street.
(3) 
The contractor's name, phone number and address.
(4) 
The type of work proposed.
(5) 
Material to be used, including pipe material and any structures.
(6) 
The purpose of the trench or excavation.
(7) 
The date work is to be started and the date work is to be completed.
(8) 
A list of equipment to be used.
C. 
In addition, the applicant shall furnish in triplicate, a plan showing the work to be performed under said permit. Two copies of such plan shall be returned to the applicant at the time the permit is granted. The plan shall include:
(1) 
The size of the opening or limits of work to be performed.
(2) 
The depth of the opening.
(3) 
The location of work with respect to the nearest intersection.
(4) 
A plan of piping or other structures to be constructed [schematic drawings are acceptable except for road openings longer than 150 feet].
D. 
Finally, the applicant agrees to save the Township, its officers, employees and agents harmless from any and all costs, damages and liabilities which may accrue by reason of any work performed under said permit. The acceptance of any permit under this ordinance shall constitute such an agreement by the applicant whether the same is expressed or not.
Any person receiving a permit shall agree to the following:
A. 
Work will not interfere with proper drainage of the street.
B. 
The Pequannock Township Police Department will be contacted prior to the commencement of the work for approval of traffic control procedures, signs and other road safety precautions if the road is to be closed for any length of time.
C. 
No work will be started until the Director has:
(1) 
Inspected the proposed work location.
(2) 
Approved the plan submitted with the application.
(3) 
Stamped the application as "approved."
D. 
Applicant will comply with all provisions of this article and other Township ordinances.
E. 
Notify the Director:
(1) 
Prior to completion of temporary pavement replacement.
(2) 
Prior to completion of permanent pavement.
Any person submitting an application for a permit shall pay a permit fee of $25 at the time of application. Public utility companies may, upon written notice to the Director, elect to be billed monthly for such fees as they accrue.
A. 
Computation of deposit.
(1) 
Upon receipt of a properly completed application, the Director shall determine the amount of the deposit to be made by the permittee prior to commencement of the work. The minimum deposit shall be $200. Should the Director determine that the deposit shall be more than the minimum, a schedule of charges and projected cost will be provided to the applicant.
(2) 
The deposit shall be paid at the time the permit is received. The amount of the deposit shall be used to reimburse the Township for the cost of any work and/or materials furnished by the Township in connection with the work authorized by the permit to cover all necessary inspections, replacements and repairs of said work and for any other purposes set forth in this article.
(3) 
The Township may elect to waive this requirement insofar as it pertains to a public utility company if such company files with the Township its corporate bond in a form satisfactory to the Township Attorney conditioned upon the payment paid out of such a deposit. In the event any public utility company elects to file such a bond, the Township shall bill such company monthly for costs as they accrue.
B. 
Form of deposit. The deposit may either in the form of a certified treasurer's or cashier's check or lawful money of the United States.
C. 
Insufficient deposit. If any deposit is less than sufficient to pay all costs accrued by the Township, the permittee shall, upon written notification, pay to the Township an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency within three days after being notified the subject permit is automatically revoked. The Township may institute an action to recover the deficiency in any court of competent jurisdiction. Until such deficiency is paid in full, no additional permits shall be issued to such permittee.
D. 
Yearly deposits. Whenever any public utility, if it does not elect to file a corporate bond as provided in Subsection A of this section, such public utility may post one deposit in an amount and form as provided above for the calendar year or part thereof to cover the cost of deposits for any and all work.
E. 
Decision on costs. The Director shall determine the cost of any work done or repairs or replacements made by him or under his direction pursuant to the provisions of this article. Cost shall include direct labor, equipment and material costs as incurred by the Township or agent of the Township. Cost for inspections during temporary and final pavement replacement shall be $25 per hour. In the event a permittee disputes the amount charged by the Township for work or repairs the Township Manager shall determine the amount due to the Township.
F. 
Refund of deposit. Upon notification by the permittee that all work authorized by the permit has been completed, and after the Director has approved final restoration of the opening, the Township shall refund the permittee his deposit less all costs incurred by the Township in connection with said permit. In no case shall the deposit be refunded less than one year after temporary restoration.
[Amended 10-29-2008 by Ord. No. 2008-29; 12-22-2015 by Ord. No. 2015-18]
A. 
No opening or excavation in any street shall extend beyond the center line of the street before being backfilled and the surface of the street temporarily restored.
B. 
All utilities shall be notified by the applicant prior to commencement or work. The applicant is also responsible for calling the toll-free number for utility locations (800-272-1000).
C. 
Pipe drains, pipe culverts, drainage basins, right-of-way monuments and other facilities shall be properly protected from damage by the permittee.
D. 
All spoils from an excavation shall be disposed of by the permittee. The Township will not assume any responsibility for dump-site locations. Spoils and other excavation material which cannot be used as backfill must be disposed of in the proper manner by permittee. Any spoils or other excavation material must be removed from the traveled roadway prior to the end of the working day. In the event the spoils or other excavation material is not removed, the Director shall cause such removal and the cost incurred shall be paid by the permittee or deducted from his deposit.
E. 
Every permittee shall place around the project such barricades, lights, warning flags and danger signs as shall be approved by the Pequannock Township Police Department for the protection of the public. Barricading and signs shall be in accordance with the regulations set forth in the United States Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices for Streets and Highways latest edition. The control of traffic shall conform to the requirements of Chapter 177.
F. 
Except for service openings, the permittee shall notify or request the Township to notify, at the expense of the permittee, all property owners within 100 feet of any excavation. Property owners shall be notified at least 48 hours in advance if access to private driveways cannot be provided at any time during performance of the work outlined in the permit. In no event shall access to driveways be restricted during nonworking hours. Free access shall be provided at all times to fire hydrants.
G. 
Work authorized by a permit shall be performed between the hours of 8:00 a.m. to 4:30 p.m. Monday through Friday. Work on heavily travelled roads, as defined in 177-27, shall be confined to the hours of 9:00 a.m. to 4:00 p.m. unless approved otherwise as provided for in 177-28. Work on Saturdays or work on weekends and holidays or an earlier or later hour shall only be done with the written permission of the Director and the Pequannock Township Police Chief for any work which is not an emergency.
H. 
In granting a permit the Director may attach such other conditions thereto as may be reasonably necessary to prevent damage to public or private property or to prevent the work from being conducted in an unsafe manner or in a manner likely to create a nuisance. Such conditions may include, but shall not be limited to:
(1) 
Limitations on the period of the year which the work may be performed.
(2) 
Restrictions as to the size and type of equipment.
(3) 
Requirements concerning trench sheeting, dewatering or blasting.
(4) 
Requirements as to dust control, street cleaning, the prevention of noise and other results offensive or injurious to the neighborhood, the general public, or any portion thereof.
(5) 
Regulations as to the use of streets in the course of the work.
I. 
No road openings shall be issued for a period of five years after the completion of initial roadway construction or repaving except under extraordinary circumstances with the approval of the Township Council. However, road opening for utility connections may be permitted, administratively, by the Township Engineer with the following repair/restoration requirements:
(1) 
The trench repair shall be installed to a depth within five inches of existing roadway grade and shall include quarry process back fill compacted in one foot lifts. The pavement shall be replaced with five inches of hot mix asphalt, in accordance with current New Jersey Department of Transportation standards.
(2) 
The road must be allowed to settle a minimum of 30 days with a maximum of 90 days, at which time the final pavement and all seams shall be infrared treated to ensure the new pavement blends thoroughly with the existing pavement. The timing of the infrared treating operation must conform to the manufacturer's recommendations.
A. 
All pavement cuts, openings and excavation shall be properly made, backfilled and restored in accordance with Article V of this chapter, Street Construction Standards.
B. 
The restoration shall be performed in two stages when a cut has been made in roadway paving.
(1) 
Temporary pavement replacement. On the same day that a road opening is backfilled, the opening shall be restored on a temporary basis as follows: The trench or opening shall be backfilled in layers not to exceed six inches in thickness. The layers shall be compacted with hand or mechanical tamping equipment. The temporary paving shall consist of at least six-inch-thick dense graded aggregate subbase course if the subbase contains excessive quantities of clay or organic material. The subbase course shall be compacted with mechanical tamping equipment as outlined in the street specifications. A bituminous stabilized base course Mix I-2 shall be applied no less than six inches in thickness and shall be maintained even with the surface of the road.
(2) 
Permanent pavement replacement. After a period of six months from date of temporary pavement replacement and no more than one year following temporary pavement replacement, the permittee shall make a permanent repair of the opening. The top course shall be bituminous concrete surface course Mix I-5. The top course shall extend six inches beyond the edge of the opening on all sides and shall adhere to the existing pavement by using an asphaltic tack material. The surface course shall be thoroughly compacted according to the street specifications. If settlement of the opening occurs after the permanent replacement, the Director shall require the pavement to be removed and replaced with a four-inch bituminous stabilized base course and a two-inch bituminous concrete course. In any event, the deposit will not be refunded prior to one year following temporary pavement replacement.
C. 
If paving surfaces adjacent to the street opening have been damaged or where equipment used has caused damage to the street, the permittee shall restore those areas also in the same manner as the road openings.
D. 
All openings and damaged areas shall be squared off with a saw cutter prior to excavation. A jackhammer may be used for the opening if approval is given by the Director. This shall be indicated on the permit application. The Director shall make such inspections as he may deem necessary to ensure compliance with the provisions of this article.
E. 
The permittee shall notify the Director, in writing, prior to completion of all work. Return of any amounts from the deposit shall constitute approval of the restoration by the Director.
F. 
The Director may also issue a certificate of final inspection indicating that the work authorized by the permit has been performed according to the Township specifications. The final inspection may be made when the permanent restoration is completed. However, the deposit shall be refunded no sooner than one year following temporary pavement replacement.
G. 
In no case shall any opening made by a permittee be considered in the charge or care of the Township of any of its officers or employees and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the police.
A. 
Every person owing, using, controlling, or having an interest in pipes, conduits, ducts or other structures under the surface of any street used for the purpose of supplying or conveying gas, electricity, communication impulses, water or stream to or from the Township or to or from its inhabitants or for any other purposes shall file with the Director within 120 days after the adoption of this article a written statement containing the names of the Township's streets wherein the aforementioned facilities owned by such persons are located, and a schematic plan indicating said facilities. This plan will not be used for location information, only as a reference.
B. 
Within 90 days after the first day of January of each and every year, such person shall forward to the Director an updated statement and plan required in Subsection A above.
A. 
Whenever any pipe, conduit, duct, tunnel or other structure located under the surface of any street or the use thereof, is abandoned, the person owning, using, controlling or having an interest therein shall, within 30 days after such abandonment, file with the Director a statement in writing giving in detail the location of the structure so abandoned.
B. 
Whenever there are manholes or tunnels associated with abandoned underground facilities, such manholes or tunnels shall be filled in at a time of abandonment and the Director shall be notified thereof in writing.
C. 
When the Township plans to pave or improve streets in which there are abandoned facilities, the owners of such facilities shall be required to remove them if, in the opinion of the Director, their removal is in conflict with work to be performed by the Township. If the owner shall refuse to remove such facilities and the owner shall reimburse the Township for such removal.
The system of numbering all buildings and lots of land in the Township as shown on a map or maps entitled "Housing Numbering Maps", copies of which are on file with the Tax Assessor. The number shown thereon for each building and lot is hereby assigned to that building or lot.
Upon any subdivision or resubdivision of land in the Township resulting in a lot or lots other than those delineated on the maps or maps, the Tax Assessor shall assign a number to each lot resulting from the subdivision or resubdivision, which shall be in proper numerical sequence in relation to the number of other lots fronting on the same street, and shall be recorded the same upon the map or maps within 10 days of the filing of the approval given for such subdivision or resubdivision of the land. No subdivision or resubdivision, major or minor, of land requiring approval by the Planning Board shall be approved by it, unless a number shall be assigned by the Tax Assessor to each lot therein for the building erected or to be erected on it.
The number so assigned to each building shall be displayed by the owner or occupant on the front of the building, in numerals at least three inches in height, at or near the front entrance to the building or premises, five feet from the saddle of the main door, and so located as to be visible to persons passing by the premises on the abutting street. House numbers shall be procured and affixed at owner's expense. Common address buildings must be marked A, B, C, etc.
No certificate of occupancy shall be issued by the Construction Official or anyone in the Construction Office for the occupancy of any building hereinafter erected or enlarged unless the provisions of the foregoing section or sections shall have been complied with.
Where houses are built on flag lots or building is set back where numbers cannot be read easily, the Fire Subcode Official can require house numbers near the street within 10 feet of the driveway entrance.
[Amended 8-24-2010 by Ord. No. 2010-15]
For the purposes of this section, the following terms and phrases shall have the meanings set forth in this section, unless a different meaning is clearly indicated by the context:
ENCROACHMENT, OBSTRUCTION, or ENCUMBRANCE
Includes any brush, hedge, shrubbery, tree, or other plant life and/or any land, rock, fence, wall, or other structure or item situate in or over or intruding upon or enclosing any Township right-of-way or portion thereof.
RIGHT-OF-WAY
Includes all public streets, roads, avenues, highways, lanes, alleys, public places, ways and easements of the Township, including those dedicated but as yet unaccepted, for the full width thereof, whether or not the same are now or may hereafter be actually in use for a lesser width than the established width thereof.
[Amended 8-24-2010 by Ord. No. 2010-15]
It shall be a violation of this section to place an encroachment, obstruction, or encumbrance in the right-of-way which interferes with the public use or impairs the public safety or welfare. Adjacent property owners or others who place in the right-of-way an encroachment, obstruction or encumbrance, which does not interfere with the public use or impair the public safety or welfare, do so at their own their own risk. Under no circumstances shall the Township be responsible to repair or replace personnel property placed in the right-of-way if damaged by snowplow or other Township vehicle under any circumstances. A person placing an encroachment, obstruction, or encumbrance in the right-of-way shall indemnify the Township for any liability caused by the placement.
[Added 8-24-2010 by Ord. No. 2010-15]
A municipal officer or employer designated by the Township Manager to enforce this section (hereinafter "enforcement official") shall be empowered to declare any encroachment, obstruction or encumbrance in, on, over or upon any Township right-of-way an interference with the publics use or an impairment to the public safety or welfare of the Township or its inhabitants and order the same to be abated by the removal of the encroachment, obstruction or encumbrance in such manner and to such extent as they may designate.
[Added 8-24-2010 by Ord. No. 2010-15]
Whenever the enforcement official shall declare any obstruction, encroachment or encumbrance in, on, over or upon any Township right-of-way an impairment or interference, they shall give written notice to the owner or tenant of the lands in, on, over or in front of which any such obstruction, encroachment, or encumbrance is located to abate it in the manner set forth in such notice. The notice is to be mailed to the last known address of the owner or tenant or left at the owner's or tenant's residence with a member of his family above the age of 14 years.
[Added 8-24-2010 by Ord. No. 2010-15]
Should the aforesaid owner or tenant fail to abate within 30 days after receiving the written notice and in the manner set forth therein, the Township, through its agents, servants and employees, may abate and charge the cost thereof against the premises in, on, over or in front of which the encroachment, obstruction or encumbrance is located. The cost shall be certified to the Mayor and Township Council, and if found correct they shall cause the cost as shown to be charged against the lands, or in the event that the Mayor and Council deem such cost to be excessive, they shall determine a reasonable amount thereof to be charged against the lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[Added 8-24-2010 by Ord. No. 2010-15]
A. 
Any person who refuses or neglects, after written notice as above set forth, to comply with the demands therein made with respect to the abatement within 30 days after receiving the written notice shall, upon conviction thereof, be liable to a penalty not to exceed a fine of $100, and each and every day in which the person neglects to abate shall constitute a separate offense.
B. 
The imposition and collection of any fine or penalty prescribed by this section shall not bar the right of the Borough to collect the cost of the abatement as specified in this article, and the remedies shall be cumulative.