[R.O. 1957, 14:9-1]
(a)
A street shall not be dedicated or accepted by the Council as a public
street unless the provisions of the Land Subdivision Ordinance, as
amended and revised, have been complied with.
(b)
An unaccepted dedicated street shall not be accepted by the Council
until it has been fully improved, under the supervision of and to
the satisfaction of the Department of Public Works, in accordance
with the standard plans and specifications of the City.
(d)
The Council may by ordinance waive any and all provisions of this
section under the following conditions:
(1)
Where unnecessary hardship or practical difficulty exists due
to special, singular and unique circumstances relating to the street
and improvements affected and not to the general conditions in the
neighborhood; and
(2)
Where there is no evidence that public health, safety or welfare
will be adversely affected; and
(3)
For such other good cause shown that Council deems proper.
[R.O. 1957, 14:9-3]
No person shall construct or open for public travel a private
street unless the location, direction, width, grades and manner of
construction have been previously approved by an ordinance of the
Council upon recommendation of the Department of Public Works and
the Planning Board of the City.
[R.O. 1957, 14:9-4]
No public sewer, drain, fire hydrant or street lamp shall be
laid or placed in or upon, nor a public work of any kind done upon
such private or dedicated but unaccepted street constructed or opened
for public travel unless approved by the Council.
[R.O. 1957, 14:9-6]
(a)
The Director of Public Works or his designee may cause a suitable
sign to be erected at any place where a private street or road intersects
a public street or road, to indicate that such street or road is not
a public highway.
(b)
No damages shall be recoverable by a person against the City for
an injury alleged to have resulted from failure to erect such a sign.
[R.O. 1957, 14:9-7]
Nothing in this article shall prevent the Council upon recommendation
of the Director of Public Works or his designee, Planning Board and
Division of Health from permitting private property owners to connect
suitable sewers in private streets or roads with the sewers of the
City.
[R.O. 1957, 13:11-1, 2, 6]
(a)
No excavation shall be made and no soil shall be removed under this
article, unless a permit shall have been first obtained.
(b)
No excavation shall be made and no soil should be removed except
in conformity with the provisions of this article.
(c)
No person shall excavate or remove soil for sale or for use on the
premises other than one on the premises from which the soil is taken
without first making an application for a permit to the Department
of Public Works.
(d)
No permit application shall be required for the removal of soil in
connection with the construction or alteration of a building or any
premises and the excavation or grading incident thereto.
(e)
With the application, the applicant shall file a map of the premises
showing the contour lines and proposed contour grades resulting from
the intended removal of soil in relation to the topography of the
premises.
(f)
The Department of Public Works shall not grant permission for such
soil removal until the map has been filed and approved by the Department
of Public Works.
[R.O. 1957, 14:11-3]
If permission to remove the soil is granted, the owner or person
in charge shall conduct the operations in such manner that there are
no sharp declivities, pits or depressions and the area is properly
leveled off, cleared of debris, and graded to conform with the contour
lines and grades as approved by the Director of Public Works or his
designee.
[R.O. 1957, 14:11-4]
(a)
The owner or person in charge of the removal of soil shall not take
away the top layer of arable soil, for a depth of six (6) inches.
(b)
The top layer of arable soil to a depth of six (6) inches shall be
set aside for retention on the premises and be respread over the premises
when the rest of the soil has been removed, pursuant to levels and
contour lines approved by the Director of Public Works or his designee.
[R.O. 1957, 14:11-5]
