[Ord. No. O-1-83 § 178-1A]
No person shall open, excavate, replace the pavement of or place
any form of construction in, over or upon any street or highway under
the jurisdiction or control of the Town, or otherwise endanger or
obstruct the normal flow of traffic or normal flow of surface water
by the placing of any trench, barricade, structure, material or equipment
not normally designed to be operated, placed or used on the public
streets and highways in the Town, without first securing a written
permit.
[Ord. No. O-1-83 § 178-1B]
No person shall be granted a permit to open any street unless
he shall furnish a certificate of insurance from a responsible insurance
company authorized to do business in New Jersey, to be filed with
the Director of Public Works, showing that he is adequately insured
against liability and property damage claims. The minimum amount of
such comprehensive public liability insurance shall be for $1,000,000
for each claim for bodily injury, $3,000,000 multiple claims for bodily
injury arising from a single accident and $500,000 property damage
for a single accident. As such insurance shall remain in full force
and effect throughout the effective period of the permit as well as
any authorized extensions thereof; all such insurance shall carry
an endorsement to the effect that the insurance company will provide
at least 10 days' written notice to the Town prior to any modification
or policy cancellation. The Town shall be named as additional insured
on all such insurance certificates or the certificate shall contain
adequate cross-indemnification provisions in favor of the Town. The
certificate of insurance shall be in legal form satisfactory to the
Municipal Attorney.
[Ord. No. O-1-83 § 178-1C]
All municipal or public or private utilities which install,
operate, own, maintain or service utilities within the street rights-of-way
in the Town shall deposit, not later than January 31st of each year,
a performance bond naming the utility as obligor and a responsible
insurance company authorized to do business in New Jersey as surety,
in an amount not less than $10,000. The surety and legal form of the
bond shall be as approved by the Municipal Attorney. The performance
bond shall run from January 31st present to January 31st next. It
shall bind the obligor and surety to the Town and guarantee the replacement
of all openings made by the utility in accordance with the specifications
and standard for the work as provided for in the "Standard Specifications
for Bridges and Road Construction of the New Jersey Department of
Transportation" and all other legal requirements of the Town then
in effect or which may from time to time be added or amended.
[Ord. No. O-1-83 § 178-1D]
All persons performing work in, over or upon any street or highway
under the jurisdiction or control of the Town shall be responsible
for and shall guarantee all such work and replacement thereof against
all defects of workmanship and materials (as determined by the Director
of the Department of Public Works) for a period of three years from
the date of permanent replacement. If any person shall fail to perform
any corrective or restorative work on demand of the Director of the
Department of Public Works, the Town may perform the work at the cost
and expense of such person.
[Ord. No. O-1-83 § 178-1E]
Filing of a performance bond shall not relieve any person from
securing a permit and complying with all other terms of this section
or any rules and regulations promulgated pursuant hereto.
[Ord. No. O-1-83 § 178-1F]
Issuance of a permit under the terms of this section does not
carry with it the right to make connections to any municipal, public
or private utility.
[Ord. No. O-1-83 § 178-1G]
Road openings required under contracts with the Town and openings
performed by municipal departments are exempt from the requirements
of this section.
[Ord. No. O-1-83 § 178-2]
Applications for permits to open streets under the jurisdiction
or control of the Town shall be made in writing on forms provided
by the Director of the Department of Public Works. The application
shall be complete in full and accompanied by plans which shall be
subject to the approval by the Director of the Department of Public
Works, the Municipal Engineer, or his agent, and the Chief of Police.
When an application is approved, the Director of Public Works shall
issue the permit upon payment of the required permit fee and receipt
of the proper insurance bonds, surety, payments and documents as specified
herein. Applications for permits to open a State highway for water,
storm or sanitary sewer mains and connections shall be made in writing
on forms provided by the Director of Public Works. The Town shall
apply to the State Highway Department for a permit in the name of
the applicant. Applications for a permit to open a road under the
jurisdiction or control of the County of Morris shall be made by the
interested party directly to the County of Morris.
[1980 Code § 98-178 Ord. No. O-1-83 § 178-3; Ord. No. O-21-87 § 178]
a.
Inspection deposit fee; inspection fee. Unless otherwise exempt from
this section, no person shall be granted a permit to open any street
until there is deposited with the Director of Public Works an inspection
deposit fee of $20.
The inspection deposit fees shall be a credit against the final
inspection fee. The inspection fee shall be $75 for the first three
hours and $20 per hour or any part thereof after that. For each municipal
or other public utility, the fee shall be $50, and $20 per hour for
each inspection hour or part thereof expended by the Director of Public
Works or his agent for inspection, for all other persons or entities,
but in no event shall the fee be less than the amount provided above.
The Director of Public Works may specify a greater inspection deposit
fee if, in his judgment, the total inspection fee can be reasonably
estimated to exceed the minimum deposit as required above.
b.
Repair deposits. In addition to the inspection fee, the applicant shall be required to deposit with the Director of Public Works a repair deposit of $50 per square yard ($200 minimum) to ensure that the total inspection fee is paid and also to ensure that the replacement, repair and maintenance of the pavement and other surface areas where the road opening is made is satisfactory to the Director of Public Works. The Director of Public Works may fix a higher repair deposit as, in his judgment, will fairly represent the full cost and expense of maintaining, repairing and replacing any public road, other surfaces, structures, improvements or appurtenances within the street area as may be disturbed or affected by the work of the applicant. If the road opening is not repaired, maintained or replaced as directed by the Director of Public Works within a period of time not to exceed seven working days or if the inspection fee is not paid on request, the Town may, in addition to any other relief available, utilize all or a portion of the repair deposit to perform or complete the work. Any balance due after subtracting the total cost of inspection and cost of the restoration, repair or maintenance shall be refunded to the applicant. Municipal or other public and private utilities required to post a performance bond under Subsection 18-1.3 shall not be required to post an additional sum in the form of a repair deposit to ensure the cost of replacing the pavement or other resurfacing. All deposits hereunder and payments to be made to the Town shall be in the form of cash or equivalent unless expressly provided otherwise by this section. Where the repair deposit, as fixed by the Director of Public Works, is greater than $500, any person may, with respect to any sums in excess of the $500 and in lieu of a cash deposit for such excess, file with the Town Clerk a performance bond, satisfactory to the Town as to form, amount and surety, which amount shall be conditioned on maintaining, repairing and replacing all road openings, pavement and other surfaces in the manner provided by law. (A performance bond may be posted for amounts over $500, provided that the first $500 is in cash.)
c.
Extent of work; assignment of inspector. When the extent of the road
opening and work to be performed in connection therewith can not be
shown adequately on the application provided by the Town, the applicant
shall submit detailed plans and specifications in duplicate, which
shall indicate the extent of the work to be done within the Town.
The Town may assign an inspector to ensure that during the pavement
cutting and excavation all underground structures or facilities are
adequately protected and, further, to ascertain compliance with the
requirements set forth herein and as are found in the "Standard Specifications
for Bridge and Road Construction of the New Jersey Department of Transportation."
Inspection shall be made at the expense of the applicant for the permit.
d.
Performance bonds or deposit not relief from securing permit. The
filing of a performance bond or the depositing of an inspection fee
deposit or repair deposit shall not relieve any person from the necessity
of securing a permit and complying with all other terms and conditions
of this section.
e.
Self-insured public utilities and government agencies. In lieu of
filing a certificate of insurance as provided herein, a public utility
or governmental agency may file with the Director of Public Works
a proper certification that it is qualified as a self-insurer pursuant
to law.
f.
Permit fees. The fee for permits for openings, cuts, dug up, replaced,
constructed, reconstructed, repaired or disturbed shall be $20. A
separate permit shall be required for each work area which extends
250 linear feet in length or for each work area which encompasses
500 square feet in street surface replaced.
g.
Replacement of pavement in kind. Every opening shall be replaced
in the manner specified herein and by other law and the work shall
be done at the proper expense of and paid for by the person obtaining
the permit. All street pavements shall be replaced in kind.
[Ord. No. O-1-83 § 178-4; Ord. No. O-2-08]
a.
Sketch required. It shall be required prior to any excavation within
the public rights-of-way that the applicant shall provide the Director
of Public Works with a sketch showing limits of excavation, location,
and depth of any utilities within or adjacent to the excavation as
well as any other structures which shall be affected by the excavation.
The Director of Public Works shall issue no permit until such sketch
has been received and approved.
Pavement cuts shall not be permitted on newly constructed or new bituminous concrete surfaced roads for a period of five years except in cases of emergencies or conditions required by the Director of Public Works upon payment of a surcharge. The surcharge for opening a paved or bituminous concrete surfaced road within five years of installation shall be in accordance with a schedule prepared by the Director of Public Works and filed with the Municipal Clerk; the schedule shall reflect the current cost of materials and labor actually used for the complete paving of a bituminous concrete surfaced road for the work area affected and all adjacent street areas. The payment of a surcharge shall be in addition to the fees and costs of Subsection 18-1.9. The surcharge shall be deposited with the Director of Public Works prior to the issuance of a road opening permit. The above deposits shall reasonably approximate the cost of the installation of final resurfacing by the Town; however, such deposits as indicated in the formula above shall be increased by 25% so that the total amount that the applicant shall deposit with the Town of Morristown shall be in the amount equal to 125% of the estimated cost as calculated by the Director of Public Works. The additional 25% is required because the fee calculated and collected at the time of the issuance of the permit is based upon an estimate of the area to be patched, and as-built conditions may vary from estimates. The Town may use the surcharge for immediate resurfacing of the road affected and adjacent areas or it may retain the surcharge until such time as the Town elects to repave the road. The applicant shall not be entitled to any refund on any surcharge paid, nor shall it be entitled to any interest which may accrue thereon, if any.
b.
Notice of work. The Director of Public Works shall notify all private,
municipal and other public utilities of the streets which are to be
newly constructed or which are to be newly surfaced. The notice shall
contain the proposed date of construction or surfacing and shall call
to the attention of the owner the provision of this subsection and
request that if they anticipate installing utility connections in
the street or doing of any work requiring the cutting of the pavement,
the installations or other work should be done prior to the proposed
construction or repaving. The notice shall be sent at least three
months prior to the proposed date for the commencement of construction
or paving; provided, however, that the failure to give such notice
shall not affect the validity of the surcharge provisions of this
section.
c.
Pavement replacement. Prior to the commencement of the excavation
work the proposed excavated area, as specified per permit, shall be
marked out and the pavement saw cut. All existing pavement within
the area shall be removed and disposed of. Under no circumstances
shall excavated pavement be allowed to be redeposited in the area
excavated. Prior to pavement replacement, any irregular or jagged
edges of the existing pavement adjacent to the excavation shall be
recut to a generally straight and uniform vertical cut. Pavement replacement
shall be in conformance with the Standard Specifications for Bridges
and Road Construction of the New Jersey Department of Transportation.
The pavement edges of all excavations shall be painted first with
a coat of asphaltic oil, RC-2 or RC-3. Immediately after this is completed,
the surface course hot mix asphalt mix five — two inches thick,
shall then be placed and rolled, and all edges abutting existing pavement
shall be thoroughly compacted with hot hand or mechanical tampers
and hot smoothing irons to create a smooth and well-conded joint.
d.
Traffic flow to be maintained; hours of construction; performance
standards.
1.
Prior to filing an application for a road-opening permit, a contractor
shall provide the Chief of Police or his designee the plans excavation/road-opening
plans and location of dumpsters. After review of the plans, the Chief
of Police or his designee shall establish the necessary requirements
to insure public safety and minimize the inconvenience to the traveling
public. Where the contractor objects to one or more of these requirements,
he may submit an alternative proposal for the Chief's consideration.
However, the Chief of Police shall make the final determination as
to traffic safety requirements. Where relevant, the Manual on Uniform
Traffic Control Devices shall serve as the guiding authority.
2.
No contractor, subcontractor or employee of any company shall begin
working in or immediately adjacent to any roadway, sidewalk or walkway
until he has complied with the provisions of this section and the
requirements established by the Chief of Police or his designee.
3.
Prior to commencing work, the contractor shall provide the Police
Bureau and the Director of the Department of Public Works with the
names and telephone numbers of representatives who will be available
for immediate duty in the event of an emergency during nonworking
hours, and who will be responsible to correct or reduce any hazardous
conditions.
4.
In the absence of compelling reasons to the contrary, no more than
one-half of any roadway may be opened at one time and it shall be
backfilled and suitably surfaced before the other half is opened.
5.
The Police Chief or his designee may require the contractor to hire
one or more Police Officers to handle traffic at the worksite where
the contractor's site work will interfere with vehicular or pedestrian
traffic. The contractor shall arrange for the hiring and payment of
the Police Officers through the Office of the Police Chief.
6.
Construction shall only be permitted during the daylight hours, commencing
no earlier than 8:00 a.m. and terminating no later than 4:00 p.m.,
except where the Chief of Police or the Director of the Department
of Public Works determine that it is necessary for the work to begin
earlier than 8:00 a.m. and/or continue later than 4:00 p.m. The Chief
of Police or Public Works Director shall base that determination on
public convenience and the need for access, coupled with public safety
requirements such as construction on high volume roadways.
7.
The contractor shall not leave a trench open that he can backfill
and properly cover at the end of each workday, so that the roadway
is completely unobstructed for the normal flow of traffic. The contractor
may be permitted to cover the trench with steel plates of adequate
strength to support H-20 traffic loads across the trench if the Director
of Public Works or the Chief of Police determine that there are special
circumstances, and grant their approval to cover the trench in that
manner.
8.
The contractor shall assure that all streets, roads or thoroughfares
are accessible for the passage of fire apparatus, mail delivery, police
vehicles, ambulances and all other emergency or essential equipment
at all times. The contractor shall also maintain access to fire hydrants,
intersecting streets and private driveways. The work shall proceed
in such a manner as to cause as little interference with vehicular/pedestrian
traffic as possible.
9.
The contractor shall not permit trenches to be open for a distance
of more than 250 feet in advance of laying any subsurface structure.
He shall assure that transverse openings involving the full width
of the roadway shall be made in such a way that only one-half of the
roadway or thoroughfare will be obstructed at any one time. Complete
blocking of any road or thoroughfare is prohibited without the express,
written approval of the Police Chief. Wherever possible, services
shall be driven or bored.
10.
In the event that the Chief of Police or his designee notifies
the contractor or his representative of any hazardous construction
practice or violation of the motor vehicle code, or if the volume
of traffic becomes excessive, the contractor shall immediately discontinue
all operations until remedial action is taken to the satisfaction
of the Chief of Police. In the event that work is disrupted, the contractor
shall not be able to make any claim for damages against the Town due
to delay or extra work by reason of this section.
11.
Compliance with all prescribed safety precautions contained
in this section shall not relieve the contractor of his primary responsibility
to take all necessary measures to protect and safeguard the work,
nor shall it relieve him of any responsibilities toward safeguarding
the public safety.
12.
In order to expedite emergency trench repairs outside normal
working hours, the contractor stockpile sufficient material that is
suitable for emergency repairs at strategic locations. In the event
of an emergency, the contractor shall complete the emergency repairs
within a reasonable period of time. If, in the opinion of the Director
of Public Works, the contractor fails to promptly and adequately remediate
the emergency condition, the Department of Public Works shall complete
the repairs and the costs shall be levied against the contractor.
13.
During non-working hours, the contractor shall maintain sidewalks,
walkways, roadway lanes and shoulders free from construction vehicles
and any other obstruction, whenever they present a hazard to passing
traffic. In the event an obstruction cannot be removed, the contractor
shall be responsible for marking the obstruction with approved reflective
devices and lights to eliminate any hazard to vehicular traffic. In
the event there is an obstruction to pedestrian traffic, the contractor
shall provide a safe passage area for pedestrians. No materials or
equipment shall be stored in the roadway or any location not specifically
approved by the permit or by the Chief of Police.
14.
Whenever the contractor is performing an operation that requires
the closing of a lane of traffic, even for a brief period of time,
the contractor shall close the lane and comply with the following
requirements:
(a)
The contractor shall use flagmen, wearing helmet, traffic vest
and using a hand held stop/slow sign, direct the flow of traffic in
work areas whenever trucks or other vehicles enter or leave the traffic
stream. The contractor shall be responsible for providing and paying
for all flagmen. No personnel vehicles shall be permitted to park
in or immediately adjacent to the work area.
(b)
The work shall include installation, transportation, continuous
maintenance, and repair and replacement of all protective and warning
devices required by the Chief of Police and these regulations. The
contractor shall be responsible for immediately repairing or replacing
any device that is damaged by weather, vehicular traffic or other
causes.
(c)
The contractor shall provide a sufficient number of working
and traffic control signs, barricades, lights and other protective
devices, which shall conform to the requirements of the Manual of
Uniform Traffic Control Devices. The contractor shall also place construction
warning signs in accordance with the requirements of Manual of Uniform
Traffic Control Devices or as directed by the Chief of Police.
(d)
The contractor shall assure that barricades are constructed
in such a manner so as to withstand all conditions of weather, handling
and usage to which they may be subjected. If it is necessary, the
contractor shall place weighted sandbags on the supports for the barricades,
to resist overturning in winds of 50 miles per hour, force or passage
of traffic.
(e)
The contractor shall keep the worksite clear of parked vehicles,
except for those in actual use at the operation in progress.
(f)
When working on through streets, the contractor shall move all
equipment off the paved area of the roadway or to a side street location
approved by the Town.
15.
The Department of Public Works shall not issue any street or
road opening permits during December, except for emergencies that
have been verified by the Director of Public Works and the Chief of
Police. Emergency situations warranting the issuance of street or
road opening permits include broken or frozen water mains, gas leaks
or any other condition that would endanger life, health and public
safety, or would interfere with the normal operations of government.
Normal maintenance, upgrading of services to new clients or other
work that could reasonably have been completed prior to December 1
or that could reasonably be delayed until January 1 shall not be deemed
emergencies.
e.
Expiration of permit; extensions. Every permit shall expire at the
end of the period of time which shall be set out in the permit. If
the permittee shall be unable to complete the work within the specified
time, he shall, prior to the expiration of the permit, present in
writing to the Director of Public Works a request for an extension
of time, setting forth therein the reasons for the requested extension.
If in the opinion of the Director of Public Works such an extension
is necessary and not contrary to the public interest, the permittee
may be granted additional time for the completion of the work. Permits
are not transferable from one person to another and the works shall
not be done in any place other than the locations specifically designated
in the permit.
[Ord. No. O-1-83 § 178-6]
All owners of real estate abutting a street or highway within
the Town shall bear the task and expense of proper construction and
reconstruction, paving and repaving and repair of sidewalks thereat.
All sidewalks and curbing shall be constructed and reconstructed and
repaired in the manner and with such materials as may be specified
by regulation or other law. Prior to any such construction, reconstruction
or repair, a permit shall be obtained in accordance with this section.
No sidewalk that by its appearance, including coloring, serves the
purpose of advertising or attracting attention to the abutting or
nearby property shall be permitted. The construction, reconstruction
and repairs of granite curbing and the making of curb cuts in all
existing curbs shall be performed by and at the expense of the owner
of real estate abutting the improvement. All other curb construction,
reconstruction and repair shall be performed by and at the expense
of the Town.
[Ord. No. O-1-83 § 178-7; Ord. No. O-35-2014]
a.
The Department of Code Enforcement, Division of Property Maintenance
and Inspections shall enforce the provision of this section and other
laws relating to the repair and/or replacement of sidewalks in the
Town of Morristown found to be in disrepair.
b.
Upon determination by the Director of the Department of Code Enforcement
(Division of Property Maintenance and Inspections) or his designee
that a violation of this section or that the sidewalk is in a state
of disrepair requiring replacement, he shall serve notice upon the
owner of the abutting property to correct such deficiencies in compliance
with the regulations adopted in accordance with this section.
d.
If the owner, after being duly notified to do work specified in the notice, neglects or refuses to have the same made or done within a period not to exceed 30 days after notice is issued, the Director of the Department of Public Works, or his designee, shall accomplish the repair in a satisfactory manner and shall charge the owner the expense of the work, which shall be recovered as provided by § 13-64, Paragraph g, or in any other manner as allowed by law.
[Ord. No. O-1-83 § 178-8]
No curb or sidewalk along any public street or highway within
the Town shall be open, cut, dug up, replaced, constructed, reconstructed,
repaired or disrupted in any manner by any owner or other person without
a permit therefor issued by the Director of Public Works or his designee
Application for a permit on the prescribed form, in duplicate, shall
be made in writing at least seven days before a permit is issued.
The Director of Public Works or his designee shall approve or disapprove
the same and recommend or require any changes to make the proposed
work conform to the specification, sidewalk and curb lines and grades
to be established for the street on which the work is to be done and
to conform to regulations adopted pursuant to this section. The Director
of Public Works or his designee shall retain the original of the application
and shall retain a copy of the permit if issued. The duplicate copy
shall be retained by the applicant and shall be available at the job
site while work is being conducted.
[1980 Code § 98-178; Ord. No. O-1-83 § 178-8; Ord. No. O-21-87 § 178; Ord. No. O-2-08]
a.
Each application for a permit hereunder shall be accompanied by a fee as provided below, payable in cash or equivalent. No permit shall be required or fee charged for minor repairs, as determined by the Director of Public Works. For sidewalk lines and grades, when required to be set by the Director of Public Works or Municipal Engineer, there shall be an additional fee as provided, below, for a work force of two persons. The Director of Public Works shall estimate the total fee and this fee shall be deposited with the Director of Public Works before a permit is issued. To ensure that the sidewalks and curbs are so opened, repaired, constructed or restored within five days of the date of commencing work and to the satisfaction of the Director of Public Works, an additional deposit shall be required as provided below. The deposit shall be held by the Town for a period of not less than three months nor more than six months after the completion of the work and be returned to the party to whom the permit was issued only on the presentation of a certificate from the Director of Public Works that the work has been performed in conformity with this section. Upon the expiration of six months from the completion of the work and if the work has not been performed in conformity with this section as evidenced by a certificate from the Director of Public Works, the Town may undertake to perform the work as provided by other provisions of this section at the cost and expense of the owner or seek any other remedy available at law. A bond in the sum of $2,000 shall be filed by all private utility companies to guarantee conformity with this section. A bond under this section may be combined with the bond required under Subsection 18-1.3.
b.
Fees established:
|
1.
|
Curb.
| ||
|
(a)
|
Inspection fee
|
$50
| |
|
(b)
|
Repair Deposit, per linear foot ($20 min.)
|
$1
| |
|
(c)
|
Permit fee (residential)
|
$25
| |
|
(commercial)
|
$50
| ||
|
2.
|
Sidewalk
| ||
|
(a)
|
Inspection fee
|
$50
| |
|
(b)
|
Repair deposit, per linear foot ($20 min.)
|
$1
| |
|
(c)
|
Permit fee (residential)
|
$25
| |
|
(commercial)
|
$50
| ||
|
(d)
|
Setting of lines and grades per hour for workforce of 2 persons
|
$40
| |
[Ord. No. O-1-83 § 178-10]
a.
The construction of all sidewalks shall be in conformance with the
Standard Specifications for Bridge and Road Construction of the New
Jersey Department of Transportation. Sidewalks shall be constructed
of a minimum five inch unreinforced concrete. All driveways and aprons
and curb ramps shall be of a minimum seven inch reinforced concrete.
All sidewalks shall be separated from the curbing by an expansion
joint. The Director of Public Works is herein authorized and directed
to adopt regulations concerning specifications for sidewalks and curbs
in business and industrial areas, and in residential areas, including
methods of excavation, grading, materials to be used, quality, size
and thickness of stone and concrete used and all other regulations
he deems necessary and proper to ensure the quality of the work and
the safety of the public.
b.
In accordance with N.J.S.A. 52:32-14 et seq., a sidewalk constructed
or reconstructed for public use shall be constructed in a manner that
will facilitate use by physically handicapped persons. At points of
intersection between pedestrian and motorized lines of travel and
at other points where necessary to avoid abrupt changes in grade,
a sidewalk shall slope gradually to street level so as to provide
an uninterrupted line of travel. Regulations concerning sidewalks
for use by handicapped persons shall be in accordance with those promulgated
by the State Department of Transportation.
[Ord. No. O-1-83 § 178-11]
The Town Council may, by resolution, waive the requirements
for construction of curbing or sidewalks under this section or any
other ordinance in residential areas.
a.
Where the Council finds, after public hearings, that the new construction
of curbing or sidewalks in an area where sidewalks have not previously
been constructed would be excessive in cost in relation to the need
therefor and the benefits to be conferred; or
b.
Where the Council finds that the installation of sidewalks or curbing
would have a severe effect on the environment; or
c.
Upon petition of the owner of more than 50% of the foot frontage
of the property abutting the proposed curbing or sidewalks.
[Ord. No. O-1-83 § 178-17]
No person shall place or keep on any public street, including
the sidewalks, either in front of any property owned or occupied by
him or elsewhere, any goods, wares, decorations or merchandise of
any kind, and whether for sale, display or advertisement or for any
other like purpose; provided, however, that this section shall not
apply to any of the following: the display on sidewalks of appropriate
and customary holiday decorations during the period commencing on
November 15th and ending on January 2nd, and during such other periods
and for such other holidays as may be authorized from time to time
by the Town Council; the display on sidewalks of the American, State,
County and/or Municipal Flags; and such other sales, displays or advertisements
as may be authorized by permit issued pursuant to any other Chapter
of the Code of the Town of Morristown.
[Ord. No. O-1-83 § 178-18]
The Bureau of Police shall be authorized to impound any goods,
wares, or merchandise, whatsoever placed upon the streets or sidewalks
in violation of this section, wherein the owner or persons placing
the goods, wares, or merchandise on sidewalk shall have failed to
promptly remove the same after being notified of the violation. Compliance
with the notification to remove the articles does not preclude the
prosecution of a violation of this section in Municipal Court. Articles
impounded under this section may be disposed of at public auction
if not claimed by lawful owners within 90 days of impounding. The
Business Administrator shall determine appropriate storage fees and
file the same with the Municipal Clerk. Persons claiming impounded
property shall pay the storage fees prior to repossessing the impounded
articles.
[Ord. No. O-27-95]
All owners or occupants of property shall maintain their property
in a clean and litter-free manner, including sidewalks, grass strips,
one-half of alleys, curbs or rights-of-way up to the edge of the pavement
of any public street. Grass and weeds shall be removed from any joints
or cracks in the sidewalk or curb.
[Ord. No. O-1-83 § 178-19; Ord. No. O-37-89 § 109-18; Ord. No. O-5-99]
Except as permitted in Chapter 19, no person shall place, throw or deposit, or cause to be placed, thrown or deposited, any rubbish, old papers, boxes, sweepings, accumulation of litter or refuse of any kind upon any street, alley, sidewalk, gutter or public place in the Town, either in front of the property owned or occupied by such person or elsewhere. The owner of any premises within the commercial district of the Town of Morristown shall cause to be swept daily all sidewalks, alleyways, curb or other areas in the immediate vicinity of the premises owned or occupied by him. All dirt and debris from sidewalk sweepings shall be disposed of in the property owner's trash receptacles and shall not be swept into the gutter.
[Ord. No. O-1-83 § 178-12; Ord. No. O-37-89 § 109-18; Ord. No. O-27-95]
Snow removal. Every person shall remove snow, ice, or other
obstructions from the sidewalk in front of his or her premises within
12 hours after the storm has ended, unless the storm ends between
the hours of 9:00 p.m. and 12:00 a.m. In that event, the sidewalk
shall be cleared by 12:00 p.m. (noon) of the following day. In case
of ice which may be so frozen as to make removal impracticable, such
person shall cause the frozen walkway to be thoroughly covered with
sand or ashes within 12 hours of daylight after the same shall fall
or be formed thereon.
[Ord. No. O-1-83 § 178-13]
No person shall throw, place or deposit snow or ice onto or
upon a street, except such as falls upon or is formed upon that portion
of the property so abutting the street lying within the sidewalk lines
thereof. The intent and purpose of this provision is to prohibit all
persons from throwing, casting, placing, plowing or depositing snow
and ice upon the sidewalks or streets of the Town.
[Ord. No. O-1-83 § 178-14]
The owner of premises having sidewalks abutting or adjacent
to the corner of any street, and/or having sidewalks abutting or adjacent
to a crosswalk at any other location shall remove all snow and ice
from that portion of the gutter lying between such sidewalk and corner
crossing or crosswalk for a width of three feet so that pedestrians
may freely and easily traverse the street at such points. Such snow
and ice shall be removed within 12 hours of daylight after the same
shall fall or be formed thereon.
[Ord. No. O-1-83 § 178-15]
In case such snow or ice shall not be removed from sidewalks
or shall be cast, deposited, thrown or placed on the sidewalk or streets
by the owner of the premises, it shall be removed by and under the
direction of the Director of Public Works, and the cost as nearly
as can be ascertained shall be certified to the Tax Assessor and shall
be a lien upon the premises and shall be added to, recorded and collected
in the same manner as taxes next to be assessed and levied upon such
premises. The imposition and collection of the fine or fines imposed
by the provisions of this section shall not constitute any bar to
the right of the Town to collect the costs as certified for the removal
of the snow or ice in the manner herein authorized.
[Ord. No. O-27-96; Ord. No. O-35-2014]
The Director of Code Enforcement or his designee or such other
official as is designated by the Mayor is authorized to issue a notice
violation and summons for violations of this section.
[1980 Code § 98-178; Ord. No. O-21-87 § 178; Ord. No. O-1-83 § 178-20; Ord. No. O-52-84]
a.
Wherever site space is adequate, dumpsters shall not be placed upon
the public streets or sidewalks.
b.
Where sufficient space is not available on site the property owner,
contractor or dumpster owner may make application to the Chief of
Police for a permit to locate an appropriate dumpster upon the sidewalk
or public street. The application shall be reviewed by the Chief of
Police, and if it is found that the placement will not impede the
flow of traffic, obstruct pedestrians or be a hazard to public safety,
the Chief of Police may issue a permit upon receipt of a fee of $50.
The permit shall be for a period of not more than 30 days from the
date of issue, and shall be subject to revocation before that date
if the Chief of Police finds that it interferes with the public safety
and welfare.
[Ord. No. O-1-83 § 178-20]
For the purpose of enforcement the person receiving the dumpster
permit shall provide and be responsible for maintaining:
a.
Lighting on all four sides that will be visible for a minimum distance
of 600 feet. No lighting will be required on a side which abuts a
structure.
b.
Reflectors shall be mounted on all sides to provide redundancy to
the electric lights.
c.
Whenever a dumpster shall be placed upon the sidewalk, sheltered
pedestrian movement around the dumpster shall be provided.
d.
The permit holder shall comply with all reasonable directions by
the Bureau of Police as to the placement and marking of the dumpster
and pedestrian protection measures.
e.
The permit holder shall provide the Bureau of Police with the name
and phone number of persons who shall be available upon short notice
to correct any problem caused by the dumpster.
f.
The permit holder shall comply with all health and fire safety regulations
in the maintenance of the dumpster.
[Ord. No. O-1-83 § 178-20]
Failure to comply with any provision herein may result in summary
revocation of the permit and/or the abatement of the failure at the
permit holder's expense.
[Ord. No. O-48-04 § A]
As used in this section:
In addition to its commonly accepted meaning, any wires or
cable connected thereto, and any replacements therefor which are similar
in construction and use.
One or more underground pipes, cables, wires, lines or other
structures used for the supplying and distribution of electricity
for light, heat or power or for the providing of water service, or
for the furnishing of telephone or other telecommunications service.
[Ord. No. O-48-04 § B]
Before a public utility places, replaces or removes a pole or an underground facility that is used for the supplying and distribution of electricity for light, heat or power, or for the furnishing of water service or telephone or other telecommunications service on or below a public right-of-way in the Town, in addition to obtaining a permit as required by Section 18-1, the public utility shall notify the Town Engineer or his designee at least 24 hours before undertaking any construction or excavation related to the placement, replacement or removal of such pole or underground facility.
[Ord. No. O-48-04 § C]
a.
After completing the placement, replacement or removal of a pole
or an underground facility pursuant to this section, the public utility
shall remove from the right-of-way any pole or underground facility
no longer in use, as well as any other debris created from such placement,
replacement or removal and restore the property including, but not
limited to, the installation of a hot patch as needed to restore the
property within the right-of-way to its previous condition subsequent
to the construction or excavation of a site required for the placement
or replacement of a pole or an underground facility pursuant to this
section.
[Ord. No. O-48-04 § D]
a.
In the event a public utility does not meet the requirements of Subsection 18-8.3 concerning the removal of debris and the restoring of property within the Town's right-of-way to its previous condition within 90 days of placement, replacement or removal of a pole or an underground facility, including, but not limited to the installation of a hot patch, the Town Engineer is authorized to impose a fine of up to an amount not to exceed $100 each day until the requirements of Subsection 18-8.3 are met.
b.
Exception:
1.
In the event that a public utility is unable to complete the installation
of a hot patch due to the unavailability of asphalt material during
the period of time from November through April, it shall not be required
to complete the hot patch until 60 days immediately following the
end of the November through April period.
2.
At least five business days prior to the end of the ninety-day period established by this subsection, the Town Engineer or his designee shall notify the public utility that the penalties authorized by this section shall begin to be assessed against the utility after the end of the ninety-day period unless the utility complies with the requirements of Subsection 18-8.3 of this section.
c.
Enforcement. In accordance with the provisions of P.L. 2004, c. 154,
any penalty imposed shall be collected or enforced in a summary manner,
without a jury, in any court of competent jurisdiction according to
the procedure provided by "the penalty enforcement law," N.J.S.A.
2A:58-1 et seq. The Superior Court and the Municipal Court shall have
jurisdiction to enforce the provisions of this section.
d.
Responsibility. In the case of removal or replacement of a pole or an underground facility utilized by two or more public utilities, the public utility last removing its pipes, cables, wires, lines or other structures shall be liable for the removal and restoration required under Subsection 18-8.3, unless a written agreement between the public utilities provide otherwise.
[Ord. No. O-48-04 § E]
a.
As used in this section, emergency conditions shall mean conditions
that significantly impact the placement of a pole or underground facility
resulting from natural forces or human activities beyond the control
of the public utility, or which impose an imminent or existing threat
of loss of electrical, water, power, telephone or other telecommunication
service, or which pose an imminent or existing threat to the safety
and security of persons or property, or both, or which require immediate
action by a public utility to prevent bodily harm or substantial property
damage from occurring.
b.
In the event of emergency conditions, the provisions of Subsection 18-8.2 shall not apply when a public utility undertakes any construction or excavation related to the placement, replacement or removal of a pole or an underground facility in response to such an emergency, provided that the public utility undertaking such construction or excavation notifies the Town Engineer or the appropriately licensed municipal code official of the Town at the earliest reasonable opportunity, and that all reasonable efforts are taken by the public utility to comply with the removal and restoration requirements of Subsection 18-8.3 after responding to the emergency.
[Ord. No. O-37-06; Ord. No. O-9-2016; 9-28-2021 by Ord. No. O-28-2021]
It shall be unlawful for any person over the age of 12 to ride
or use any skateboard, roller blades, scooter or similar devices upon
any sidewalk within the Town of Morristown, except for the delivery
of newspapers or merchandise. Exemptions shall be permitted solely
in residential sections of the Town and only when such residential
sidewalks are not being used by pedestrians. The provisions of this
section shall not apply to the use of any electric power-driven mobility
device by a person with a mobility disability.
[Ord. No. O-37-06]
a.
Maximum penalty. For violation of any provision of this section,
the maximum penalty shall, upon conviction of a violation, be a fine
not exceeding $500 or imprisonment for a period not exceeding 90 days
or both.
b.
Separate violations. Except as otherwise provided, each and every
day in which a violation of any provision of this section exists shall
constitute a separate violation.
c.
Application. The maximum penalty stated in the general penalty clause
of this section is not intended to state an appropriate penalty for
each and every violation. Any lesser penalty, including a nominal
penalty or no penalty at all, may be appropriate for a particular
case or particular violation.
