[Editor's Note: For regulations concerning the operation of non-passenger motor vehicles on paved roadways, see Chapter 3, § 3-27.]
[See Chapter 7 for motor vehicle traffic regulations.]
[Ord. #1492, § 1]
The construction, maintenance and repair and reconstruction
of sidewalks and curbs shall be the responsibility of the abutting
landowners and shall be constructed, repaired, altered, relaid or
maintained at the expense of the abutting landowners as provided by
the provisions of N.J.S.A. 40:65-14.
[Ord. #1492, § 2]
The board of commissioners shall cause notice to be served upon
abutting landowners or occupants of the lands, requiring the necessary
specified work to the curb or sidewalk to be performed by the owners
or occupant within a period of not less than 30 days from the date
of such notice. The board of commissioners may, at their discretion,
due to inclement weather extend the period for a longer period than
30 days provided that this period shall not exceed 90 days.
[Ord. #1492, § 3]
The board of commissioners shall, whenever the abutting lands
are unoccupied and the owner in title cannot be found within the township,
mail postage prepaid to the owner's post office address, and in the
event the address cannot be ascertained, the board of commissioners
shall insert a notice for four weeks, once in each week, in a newspaper
published within the township.
[Ord. #1492, § 4]
The board of commissioners, upon expiration of the period of
notice, shall in the event that the owner or occupant has not complied
with the requirements of the notice, file with the department of revenue
and finance due proof of service of publication of the aforesaid notice
and the board of commissioners shall after the filing of the notice
with the department of revenue and finance order the necessary work
to be performed in accordance with the notice by the director of public
works and cause the same to be paid for from the funds of the township.
[Ord. #1492, § 5]
The director of the department of public works, or his duly
designated representative, shall certify to the tax collector[1] of the department of revenue and finance the cost of the
performance of the work, and upon the filing of the certificate by
the director of the department of public works or his duly designated
representative with the tax collector of the department of revenue
and finance, it shall thereafter cause a lien to be placed upon the
abutting lands wherein the work was performed.
[Ord. #1492, § 6]
The tax collector of the department of revenue and finance shall
collect the monies so expended in the same manner as assessments for
local improvements as provided by the statutes of the State of New
Jersey, and the lien shall bear interest at the same rate as an assessment
for local improvements. The tax collector may, with the consent of
the board of commissioners, institute a suit in the courts of the
State of New Jersey for the collection of the amount of the lien from
the owner of the lands, as disclosed on the tax assessment list of
the township at the time of the performance of the work.
[Ord. #1492, § 7]
The tax collector shall credit all monies from the performance
of the work to an account to be established by the tax collector for
performance of the work as set forth in this chapter by the township.
[Ord. #1492, § 8; Ord. #2569, § 1]
The director of the department of public works shall have the
authority under the provisions of this chapter to designate subordinate
employees in the department of public works as representatives in
performing the duties required of the director in the administering
of the provisions of this chapter, and the director may further designate
employees within the department of public works for the purpose of
inspecting streets and sidewalks. The director of public works, prior
to the performance of any work on any curb or sidewalk by the abutting
landowner, shall ascertain through his representatives the conditions
affecting the existing sidewalks and curbs on the abutting land. If
the director determines that the condition is due to the growth of
roofs of any shade tree owned by the township, the director shall
order that the roots be removed and any affected sidewalk or curbing
be repaired or replaced, if necessary, by employees of the township
at no cost to abutting landowners. If the director determines that
the condition is not due to the growth of roots of any shade tree
owned by the township, the director thereafter shall notify the board
of commissioners of the condition existing and any work to be performed
by the abutting landowner, prior to the board of commissioners serving
notice on the landowner or occupant of the lands.
[Ord. #2167, § I; Ord. #2388, § I; Ord.
#2557, § 1]
a.
Installation and Construction of Sidewalks. Sidewalks shall be constructed
of concrete having a composition of one part Portland best cement,
two parts of clean sharp sand, and three parts of machine-broken trap
rock. Sidewalks shall be four feet wide and five inches deep, except
sidewalks abutting driveways and driveway aprons shall be at a depth
of seven inches. Expansion joints shall be used every 10 feet. Sidewalks
may be constructed of paving stones where appropriate.
b.
Reconstruction or Replacement of Sidewalks. All existing concrete
shall be broken up and removed. Concrete which has been removed will
be disposed of by the contractor. All forming of sidewalks shall be
performed by said contractor, using 1x4 or 2x4 lumber, according to
each individual situation. The contractor shall replace concrete with
P.S.I. 3000 on all sidewalks, or with paving stones where appropriate,
except that a driveway apron shall be replaced with concrete, unless
as otherwise provided in this subsection. Existing residential asphalt
driveway aprons on a single width driveway from the sidewalk to the
street may be replaced with asphalt, subject to design standards established
by the township engineer. All newly constructed driveway aprons shall
be concrete.
c.
Removal of Roots. It shall be the sole responsibility of the township
to cut and remove any roots which may be obstructing the sidewalk.
The contractor shall not, under any circumstances, have contact or
interfere with any part of the tree at any time.
d.
Replacement of Soil. After the removal of sidewalk forms by the contractor,
any soil removed along the tree area shall be replaced and graded
by the contractor.
e.
Damages. The contractor shall be responsible for any damages that
occur resulting from performance of the work, including water boxes,
sewer cleanouts, drain pipes, gas lines, curbing and any existing
concrete not specified by the department of public works for removal.
f.
Scheduling of Work. The superintendent of the department of public
works (hereinafter "superintendent") shall be responsible for scheduling
all work to be done.
g.
Review by Superintendent and Beautification Commission. The installation,
construction, reconstruction, and replacement of sidewalks shall be
subject to the review and approval of the superintendent and the township
beautification commission. The installation, construction, reconstruction,
and replacement of sidewalk paving stones shall be subject to the
review and approval of the superintendent and the township beautification
commission.
[Ord. #2557, § 1]
a.
No person or business entity, municipal or private, nor any utility
company, public or private, shall, for any purpose, install, construct,
reconstruct, or replace a sidewalk within the limits of the right-of-way
of any street in the township without first obtaining a permit from
the superintendent.
b.
Nothing contained in this subsection shall be construed as requiring
the issuance of a permit for the performance of any work performed
by the township or under a contract with the township for the installation,
construction, or reconstruction of a sidewalk within the limits of
the right-of-way of any street within the township.
[Ord. #2557, § 1]
a.
Form. Application for a permit shall be made, in writing, on forms
to be prescribed and issued by the superintendent and shall be filed
prior to the commencement of any work. The application shall specify
the name and address of the applicant; the specific location and description
of the proposed sidewalk, including its width, length, and depth;
and the individual(s) or business entity for whose benefit the sidewalk
is to be made, and shall be accompanied by a nonrefundable fee for
the issuance of the permit as hereinafter set forth. No work may commence
by a permittee until the date set forth in the issued permit, unless
previously approved by the superintendent. If the sidewalk consists
of pavers, approval from the beautification commission shall also
be required.
b.
Applicant. With the exception of private property owners, all applicants,
whether individual or business entity, must be contractors licensed
by the State of New Jersey or agents of a public utility who will
actually be engaged in the performance of the work in order to comply
with the specifications, and for the safety of the public.
c.
Issuance. Sidewalk permits shall be issued once reviewed and approved
by the superintendent and, if applicable, by the beautification commission;
provided, however, that no permit shall be issued until the nonrefundable
application fee has been paid.
d.
Fee. The applicant shall pay a non-refundable fee to the township
for the sidewalk in the amount of $35.
e.
Violation and Penalties. Any person or business entity who or which
shall violate any of the provisions of this subsection shall, upon
conviction of such violation, be subject to each offense, to a fine
not exceeding $500 or imprisonment for a term not exceeding 30 days,
or both.
[1]
Editor’s Note: Ordinance No. 1589 previously contained
herein was amended in entirety by Ordinance No. 2045.
[Ord. #2045, § 1; Ord. #2239, § 1; Ord.
#2693, § 1]
As used in this section:
Shall mean recyclable aluminum cans.
Shall mean a business engaging in the business of recycling
or otherwise providing recycling services.
Shall mean all products made from silica or sand, soda ash
and limestone which are transparent or translucent and used for packaging
or bottling of various matter and all other materials commonly known
as glass; excluding, however, blue and flat glass commonly known as
window glass.
Shall mean the disposition of designated recyclable materials
source separated in a municipality which entails a disposition cost
of less than the cost of transporting the recyclable materials to
solid waste facilities and disposing of them as municipal solid waste
at the facility utilized by the municipality.
Shall mean and includes all newspaper, high-grade office
paper, fine paper, bond paper, offset paper, xerographic paper, mimeo
paper, computer paper, duplicator paper and related types of cellulosic
material containing not more than 10% by weight or volume of non-cellulosic
material such as laminates, binders, coatings or saturants.
Will be included in "recycling" definition periodically.
Shall mean any noncontaminated paper items or commodities,
including but not limited to, paper napkins, towels, corrugated and
other cardboard, and related types of cellulosic products containing
not more than 10% by weight or volume of non-cellulosic materials
such as laminates, binders, coatings or saturants.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
Shall mean any hermetically sealed, or made airtight with
a metal or plastic cap, container with a minimum wall thickness of
not less than 0.010 inches, and composed of thermoplastic synthetic
polymeric material, including containers such as polyethylene terephthalate
(PETE - #1) soda bottles; and high density polyethylene (DEPE - #2)
milk, water or detergent bottles.
Shall mean any noncontaminated product generated by a business
or consumer which has served its intended end use, and which has been
separated from solid waste for the purposes of collection, recycling
and disposition and which does not include secondary waste material
or demolition waste.
Shall mean those materials which would otherwise become municipal
solid waste, and which may be collected, separated or processed and
returned to the economic mainstream in the form of new materials or
products.
Shall mean any paper having a total weight consisting of
not less than 50% secondary waste paper material.
Shall mean any paper product consisting of not less than
50% secondary waste paper material.
Shall mean any process by which materials that would otherwise
become solid waste are collected, separated or processed and returned
to the economic mainstream in the form of raw materials or products.
Shall mean any facility designed and operated solely for
receiving, storing, processing and transferring source separated,
nonputrescible or source separated commingled nonputrescible metal,
glass, paper, plastic containers, and corrugated and other cardboard,
or other recyclable materials approved by the department of public
works.
Shall mean the services provided by those engaging in the
business of recycling, including the collection, processing, storage,
purchase, sale or disposition, or any combination thereof of recyclable
materials.
Shall mean and include such rules, implementation dates,
schedules of times and such other requirements promulgated by the
director of public works and approved by the Lyndhurst Board of Commissioners
as may be necessary to carry out the purposes and objectives of this
Section.
Shall mean waste material generated after the completion
of manufacturing process.
Shall mean paper waste generated after the completion of
a paper making process, such as post consumer waste material, envelope
cuttings, bindery trimmings, printing waste, cutting and other covert
waste, butt rolls, and mill wrappers, except that secondary waste
paper material shall not include fibrous waste generated during the
manufacturing process, such as fibers recovered from waste water or
trimmings of paper machine rolls, fibrous by-products of harvesting,
extractive or woodcutting processes, or forest residue such as bark.
Shall mean "solid waste" generated by all residential, commercial
and institutions within the boundaries of the Township of Lyndhurst
for regularly scheduled municipal collection.
Shall mean recyclable materials, including but not limited
to, paper, metal, glass, food waste, office paper and plastic which
are kept separate and apart from residential, commercial and institutional
solid waste by the generator thereof for the purpose of collection,
disposition and recycling.
Shall mean and include paper of the type commonly referred
to as newsprint and distributed at stated intervals, usually daily
or weekly having printed thereon news and opinions and containing
advertisements and other matters of public interest. Expressly excluded
however, are all magazines or other periodicals as well as all other
paper products of any nature whatsoever.
Shall mean refrigerators, stoves, air conditioners, furnaces,
ovens, space heaters, bathtubs, sinks, electronic goods and products
and other household type appliances.
Shall mean and include leaves, grass clippings and brush/tree
parts, including branches and woodchips.
[Ord. #2045, § 2; Ord. #2239, § 2]
|
Class I
|
Businesses regardless of how many employees, office buildings
containing less than six offices, multiple dwelling units of four
units or more and buildings containing a combination of residences
and buildings.
|
|
Class II
|
Shall be eliminated
|
|
Class III
|
Shall be eliminated
|
|
Class IV
|
Shall be eliminated
|
|
Class VI
|
Shall be eliminated
|
|
Class V
|
Office buildings containing more than six offices.
|
|
Class VII
|
Hotels or motels.
|
|
Class VIII
|
Buildings containing a combination of residences and buildings.
|
|
Class IX
|
Manufacturing plants.
|
|
Class X
|
Local institutions such as Town Hall, fire and police departments,
schools, health department, library, etc.
|
[Ord. #2045, § 3; Ord. #2128; Ord. #2239 §§ 3
— 5; Ord. #2693, § 1]
a.
Residential. All persons except those physically disabled who are
owners, lessees and/or occupants of residential property in the Township
of Lyndhurst, for purposes of disposal off site, shall separate mixed
paper, used newspapers, ferrous scrap metal, including iron scrap,
tin, aluminum and steel cans, white goods, yard waste, tires, electronic
goods and products; construction and debris materials, except those
resulting from work by a professional building or home improvement
contractor; household batteries, concrete, and asphalt and shall dispose
of said separated materials in accordance with regulations prepared
by the Lyndhurst Department of Public Works.
b.
(Reserved)
c.
(Reserved)
d.
Class V, VII, IX. Class V, VII, and IX shall separate and store those recyclable materials listed under subsection 14-2.3a, Residential, in suitable receptacles as designated by the recycling coordinator for pickup. Exception to this are those businesses that are contracted to purchase material. Those businesses must submit, on a quarterly basis, a copy of the weight or quantity document to the township's recycling coordinator. Exemption forms to those institutions will be issued by the township.
e.
(Reserved)
f.
Class VIII. The owners of the building shall make available storage
areas for recyclables to be properly prepared; disposal shall be designated
by the recycling coordinator.
[Ord. #2045, § 4; Ord. #2128; Ord. #2270, §§ 1,
2; Ord. #2568, § 1; Ord. #2693, § 1]
All separated recyclables shall be placed for pickup, and/or
collection and recycling in strict conformity with the following regulations:
a.
Mixed paper, used newspapers, periodicals, direct mail catalogs,
form letters, envelopes, high grade papers, computer paper, white
and colored ledger, fine paper, bond paper, offset paper, xerographic
paper, mimeo paper, duplicator paper, file card stock, corrugated
containers having liners of jute or kraft and other like paper such
as brown grocery bags, sacks, brown wrapping paper, cereal boxes,
cracker boxes, dry soap boxes, shoe boxes, gift boxes, shirt cardboard,
school papers, and gift wrapping shall be separated and tied in bundles
not to exceed 12 inches in height. Such bundles shall not be contained
in plastic bags.
b.
Aluminum shall be separated and secured in suitable reusable containers
supplied by the owner, lessee or occupant.
c.
Glass shall be separated and contained in suitable reusable containers
supplied by the owner, lessee or occupant. Containers constructed
of paper or cardboard materials shall be deemed not suitable for this
purpose. Containers, when filled, to weigh not more than 25 pounds.
d.
All leaves and brush/tree parts are to be placed curbside, before
8:00 a.m. on the scheduled sweeper day, from the first week of November
through the last week of December. Residents or business establishments
with a sweeper time of 3:00 a.m. to 6:00 a.m. shall have leaves placed
curbside after 6:00 p.m. Wednesday evening.
Grass clippings shall be placed in an open container on the
scheduled sweeper day. Brush shall be cut into four foot sections,
tied and bundled. Pickup of yard waste shall be from the first scheduled
sweeper day in April until the last scheduled sweeper day in October.
e.
Plastics shall be separated and contained in suitable containers
(clear plastic garbage bags are acceptable) supplied by the owner,
lessee, or occupant.
f.
Storage of recyclables shall be at a location which shall not cause
an unsightly or hazardous environment.
[Ord. #2045, § 5]
a.
All such recyclables mentioned in this section shall be placed separately
at the curb for collection not earlier than 6:00 p.m. on the day preceding
those days to be designated for collection by the director of public
works of the township, under the rules and regulations promulgated
in accordance with the terms herein.
b.
The director of the department of public works shall promulgate reasonable
regulations establishing the commencement dates for mandatory separation
of recyclables and the manner, dates and times for the collection
of the same in accordance with the terms of this section. Any such
regulations promulgated by the director of the department of public
works shall be approved by the local board of commissioners, and may
be changed, modified, repealed or amended in whole or in part by a
majority vote by the local board of commissioners. A copy of such
regulations promulgated by the director of the department of public
works, as approved, modified or amended, shall be available for public
inspection at the office of the township clerk during regular hours.
[Ord. #2045, § 6]
From the time of placement at the curb for pickup, collection
and recycling, recyclables shall be the sole property of the Township
of Lyndhurst, or its duly authorized agent. No person unauthorized
by the township shall collect or pick up, or cause to be collected
or picked up, any such recyclables.
Each collection or pickup of recyclables in violation hereof,
from any one or more residences, businesses, institutions, etc., shall
constitute a separate and distinct offense punishable as hereinafter
provided.
[Ord. #2045, § 7]
No provision herein shall be constructed to prohibit groups
or individuals who shall be authorized by the director of the department
of public works, from collection or picking up recyclables at curbside,
or otherwise in such manner and under such terms and conditions as
shall be prescribed by the director. No such collection or pickup
shall conflict or interfere with pickup and collection by the township
and its duly authorized agents.
[Ord. #2045, § 8]
a.
Sufficient. Enough receptacles for each premises to eliminate the
need for baskets, cartons, paper bags, stored in loose condition at
receptacle locations.
b.
Suitable. A receptacle as herein defined so constructed as to prevent
spillage having handles on other appurtenances thereto of such size
as to facilitate its emptying and maintained at all times in a clean
condition.
c.
Type 1. Receptacle shall have handles to enable it to be handled
by one man and shall be filled to a weight no greater than 25 pounds.
d.
Type 2. Receptacle shall be one commonly known as a "dumpster" having
a capacity of no greater than two cubic yards and shall have standard
appurtenant fixtures thereon to facilitate dumping into standard garbage
compactor trucks.
[Ord. #2045, § 9]
The director of the department of public works, or his duly
authorized designee, is hereby designated and authorized as the enforcement
officer of this section.
[Ord. #2045, § 10]
The director of the department of public works has duly authorized
and directed that our contractor is not to pick up any refuse bundles
that contain recyclable items. Such bundles will be left in front
of any establishment, whether it is residential, business, or institution.
The contractor is also directed to place a "red warning sticker" on
such bundles explaining why your refuse was left at your establishment.
Continuous violations will be subject to a penalty as set forth hereon.
[Ord. #2045, § 11]
a.
Any person, firm, or corporation not authorized by the Township of
Lyndhurst who picks up recyclable materials for their own personal
use or sale shall, upon conviction thereof, be punished by a fine
not to exceed $1,000, 60 days confinement, and/or perform community
service relating to the recycling program.
b.
Any person, firm, or corporation who violates or neglects to comply
with any provisions of this section or any regulation promulgated
thereto, shall upon conviction thereof, be punishable by a fine not
to exceed $200, and perform community service relating to the recycling
program.
[Ord. #2045, § 12]
It shall be the duty of the police department, health department,
or the recycling coordinator of the Township of Lyndhurst to see to
the enforcement of this section and to prosecute all violations hereunder.
[Ord. #1424, § 11]
The driving over, destruction or mutilation of the curb, or
any part thereof, upon any street within the township is hereby prohibited.
[Ord. #1424, § 11]
Driveways may be constructed over the curbs upon the streets
within the township by the owner of the abutting property, in conformity
to the plans and specifications therefor on file in the office of
the township clerk.
[Ord. #1424, § 11; Ord. #2757, § 2]
Before such driveway shall be constructed, the owner of lands and premises shall file with the Lyndhurst Construction Department a written application describing therein the location of the proposed driveway and agree to construct the same according to the plans and specifications and thereupon the Construction Department shall issue a permit for the construction of such driveway, in accordance with the plans and specifications. The fee for the permit for the driveway, curbcut and/or apron, collectively, shall be payable to the Lyndhurst Construction Department in accordance with the fee schedule appearing under subsection 8-1.3 of these Revised General Ordinances.
[Ord. #1424, § 11]
Any and all driveways not constructed in conformity to the provisions
of this chapter shall be reconstructed by the owner of the lands to
which it leads as hereinbefore provided within 30 days after receiving
notice requiring such reconstruction.
[Ord. #2077, § I]
The purpose of this section is to establish regulations and
fees for the opening of municipal streets within the Township of Lyndhurst.
[Ord. #2077, § I]
As used in this section:
Shall mean an opening, tearing up or excavating, for any
purpose, of the township road of 100 feet or more of roadway length
or where connecting bilateral openings are made at average intervals
of less than 100 feet along the roadway length or an opening which
disturbs 20 or more of the pavement area.
Shall mean any person, corporation, public utility or other
entity on whose behalf a street opening is performed by a permittee.
Shall mean any person, firm or corporation granted a permit
hereunder.
Shall mean New Jersey Bell Telephone Company, or its successor
corporation or corporations, Public Service Electric and Gas Company,
cable television company or any other entity having either the power
of eminent domain or subject to the regulations of the Public Utilities
Commission of the State of New Jersey.
Shall mean any opening, tearing up or excavating, for any
purpose, of the township road which is not an extensive opening.
Shall mean any street, road or other public way dedicated
to and accepted by the Township of Lyndhurst, and shall include all
of the area lying within the bounds of the dedicated right-of-way.
[Ord. #2077, § I]
a.
No person, persons or corporation, municipal or private, nor any
utility company, public or private, shall, for any purpose, open,
tear up, excavate, bore, tunnel or drive under or in any way impair
the surface or subsurface within the limits of the right-of-way of
any street in the township without first obtaining a road-opening
permit from the township clerk (hereinafter "clerk").
b.
Nothing contained in this subsection shall be construed as requiring
the issuance of a permit for the performance of any work done by the
township or under a contract with the township for the construction
of water lines, sewer lines or street improvements.
c.
No person or corporation shall be issued a road permit until he presents
satisfactory proof, in the form of a request number, which may be
verified through the "one number to call center" of the appropriate
utility, or a written statement from the person or corporation engaged
in the distribution or submission of manufactured, mixed or natural
gas or synthetic natural gas, liquefied natural gas or propane gas
in the area of the proposed road opening, that said applicant has
complied with the requirements of N.J.S.A. 2C:17-4 and 2C:17-5, which
provide, among other things, that said applicant give to any person
or corporation in the distribution or transmission of the aforesaid
gases in the area of the proposed excavation written notice of the
proposed excavation and ascertain from such person or corporation
the location of all such gas lines or pipelines within 200 feet of
the proposed excavation.
d.
Non-opening of Road. No street, road or paved area constructed, reconstructed
or repaved within three years of the time that the road is sealed
can be excavated, built or patched without a demonstration by the
permittee that an emergency exists. Gas leaks, water main leaks and
sewer breaks shall be considered examples of emergencies.
e.
Certification of all underground facilities having been previously
located shall be marked using standard color codes for gas, water
and other utilities. Certification must indicate call authorization
number.
[Ord. #2077, § I]
a.
Form. Application for a permit shall be made, in writing, on forms
to be prescribed by the superintendent of the department of public
works (hereinafter "superintendent") and issued by the clerk and shall
be filed at least one week prior to the commencement of any work.
The application shall specify the name and address of the applicant;
the specific location of the proposed excavation and the width, length
and depth thereof; the type of road or other surface; and the individual(s),
partnership or corporation for whose benefit the excavation is to
be made and shall be accompanied by a nonrefundable fee for the issuance
of the permit as hereinafter set forth. Application for extensive
openings shall require, in addition to the above, information regarding
all improvements; typical detail and section of construction procedure;
and plans, profiles and other details necessary to accurately depict
the work. The requirements of the preceding sentence shall not be
necessary in the event of an application by public utility. No work
may commence by a permittee until the date set forth in the issued
permit, unless previously approved by the superintendent or engineer.
b.
Emergency Road Opening.
1.
In the event that an emergency condition exists requiring immediate
action by any person requested to obtain a permit pursuant to this
section, the person may immediately cause the roadway to be entered
and emergency measures taken without first obtaining a permit, provided
that:
(a)
A true emergency exists and the person has notified the Lyndhurst
Police Department prior to the start of work, who shall log the emergency.
(b)
A permit is applied for within 24 hours of the road opening
or on the next business day, whichever is more practical.
(d)
The superintendent or the township engineer shall be notified
within 24 hours of a road opening. If a road opening commences on
a Saturday or Sunday as a result of emergency work, the police department
shall be notified prior to the start of work immediately and the superintendent
or township engineer (hereinafter "engineer") shall be notified on
the morning of the first business day thereafter.
2.
The township reserves the right to issue a written stop-work order
where the same is deemed appropriate by the superintendent or engineer.
c.
Review of the Application for Small Openings. Prior to the issuance
of a permit, copies of the application therefor shall be referred
to the superintendent or the engineer, who shall note any objections
to the issuance of a permit or any conditions to be imposed on the
application within five working days. All objections and all conditions
shall be satisfied prior to or be imposed as conditions upon the issuance
of the permit, as appropriate.
d.
Applicant. With the exception of private homeowners, all applicants
must be contractors licensed by the State of New Jersey or agents
of a public utility, whether corporate, individual or partnership,
who will actually be engaged in the performance of the work for the
adherence of the work to the specifications and for the safety of
the public. With the exception of private homeowners and public utilities,
the application shall be made for and on the behalf of the owner for
whom such work is being done and shall be countersigned by such owner.
Permits cannot be issued directly to private developers without specific
written approval of the mayor and board of commissioners.
e.
Agreement. Except where otherwise provided by law or where governed
by township ordinance, the owner shall, as a condition of the issuance
of a permit agree that any facilities, pipe or poles or other objects
to be installed within the township right-of-way pursuant to the permit
shall be promptly relocated, at the owners expense, as required by
the Township of Lyndhurst to accommodate the installation of township
facilities. Such agreement shall be in writing and contained on the
face of the application form and permit.
f.
Review of Application for Small and Extensive Openings. All small
and extensive openings shall first be reviewed and approved by the
superintendent, and extensive openings shall subsequently be reviewed
and approved by the engineer prior to the issuance of a permit.
g.
Issuance. Street opening permits shall be issued by the clerk once
reviewed and approved as provided for herein; provided, however, that
no permit shall be issued until an application fee and an engineering
fee, both of which are nonrefundable, have been paid to the clerk.
[Ord. #2077, § I]
a.
Generally. The New Jersey State Department of Transportation 1983
Standard Specifications for Road and Bridge Construction, with all
amendments and supplements, shall govern all of the work performed
under Township of Lyndhurst road opening permits, except as supplemented
below:
1.
No Township road shall be closed to traffic without prior written
consent of the police department. In the event that a road is closed,
uniformed police may be required to act as traffic directors, and
the proper traffic control devices shall be erected and maintained
in accordance with standards described in the Manual on Uniform Traffic
Control Devices, 1971 Edition. All costs of providing uniformed police
shall be the responsibility of the permittee or the owners. In the
event that a detour is deemed necessary by the permittee, application
shall be made to the chief of police, who shall determine the necessity
for such detour and the route to be followed. In emergency situations,
notification by phone to the police department shall be done prior
to the start of work.
2.
Any work under an issued permit must be commenced within three months
from the date of issue and completed 45 days from commencement, or
the permit shall be deemed void, and reapplication shall be required,
unless previously approved by the superintendent or engineer.
3.
Work commenced under a permit shall be continued without interruption
during normal working hours until completed.
4.
The applicant shall notify the clerk and the superintendent or the
engineer 24 hours in advance of the actual commencement of any work
under a permit.
b.
Guard. The applicant shall keep the work site property guarded both
day and night and shall have lights, barriers and adequate safety
devices, as described in the Manual on Uniform Traffic Control Devices,
placed thereat and maintained throughout the performance of the work
and shall interfere as little as possible with traffic along the street
or road within the township, and only that part of any such street
or road as is set forth in the permit shall be opened.
c.
Minimum Cover. All utilities shall be constructed with a minimum
of three feet of cover to provide protection for the utilities in
the event that future township road construction, repair or modification
necessitates excavation, undercutting or installation of facilities
in the area where the utility is located. This location will in no
way relieve the utility owner of the responsibility of relocating
said utility at said utility owners expense in case of conflict with
future construction, reconstruction or modification of related facilities,
except as otherwise specified herein. The aforementioned three-foot
minimum cover may be waived by the superintendent or engineer if the
applicant prepared and filed certified plans indicating the location,
extent and depth of the facilities and said plans are approved by
the superintendent or engineer. This paragraph shall apply only to
new construction.
d.
Protection of Existing Structures. It shall be the responsibility
of the permittee to give proper notice of the proposed street opening
to any person, firm or corporation whose pipes, conduits or other
structures are laid in the portion of the street to be opened. Said
notice shall be given, in writing, a minimum of 72 hours before commencement
of said opening, and the permittee shall, at his own expense, carefully
support, maintain in operation and protect from damage such pipes,
conduits or other structures. If any damage is caused to such pipes,
conduits or structures, the permittee shall restore the same, at his
own expense, to the condition they were prior to commencement of work,
except that gas facilities must be repaired by Public Service Electric
and Gas Company.
e.
All excavations shall be completely backfilled at the end of each
working day, unless it would constitute a hardship to the permittee
or where the size of the excavation makes it impossible to backfill
at the end of each working day, in which event a waiver may be granted
by the superintendent or engineer. In the event that a waiver is granted,
the contractor or owner shall cover the excavation with heavy one-inch-thick
plates secured to existing pavement to prevent raffles and movement
and erect appropriate barriers and lights around the entire excavation
and arrange to provide appropriate security protection, if such security
is necessary, at his own cost and such other safeguards as may be
needed to protect the public from an open excavation. If plates are
placed for over a weekend or for an extended period, all edges are
to be macadam sealed and sloped. In no event shall an excavation be
left open for more than 72 hours, unless an emergency exists and permission
has been secured from the chief of police superintendent, engineer
or their designated representative.
[Ord. #2077, § I]
a.
The permittee shall be liable to any damage to work site roads. In
the event that any such damage is not repaired within 30 days after
completion of the street opening, the cost for the repair of the same
shall be deducted from the permittee's deposit held by the clerk.
b.
The permittee shall, on a continuing basis, maintain all streets
and other property affected by the construction in clean condition
free from all rubbish, excess earth, rock and other debris. Upon completion
of all work under the permit, the permittee shall again clean the
affected property to remove all debris and unused material. In the
event that the permittee fails to act as provided herein, the township,
upon 24 hours' notice to the permittee, any clean and remove all rubbish,
excess earth, rock, debris and unused material and charge the permittee
for the cost thereof. If the permittee fails to reimburse the township
for the costs incurred, said costs shall be deducted from the permittee's
deposit held by the clerk.
[Ord. #2077, § I]
The superintendent or engineer shall periodically inspect all
road openings and the repair and resurfacing thereof for the purpose
of determining compliance with the conditions imposed on the issuance
of the permit and the specifications. The township may, upon the recommendation
of either of them:
a.
Order a temporary stop to any road opening.
b.
Order that the applicant perform or correct work in accordance with
the directions of the township.
c.
Order a stop to any work and revoke the permit, in which event the
Township of Lyndhurst shall complete the work or cause it completed
and either declare the applicant's deposit forfeited or notify the
applicant's surety of an intent to file claim on the bond.
d.
Authorize the correction of any work after notification to the permittee
and after the neglect or the refusal of the permittee to make sure
corrections within 24 hours and, after completion of the same, either
declare the permittee's deposit forfeited or notify the permittee's
surety of an intent to file a claim on the bond.
e.
Take any other action deemed reasonable under the circumstances to
protect the township's interests.
[Ord. #2077, § I]
No road opening shall be permanently paved until a final inspection
has been made by the engineer or superintendent and final approval
given.
a.
For All Openings.
1.
The paved roadway surfaces shall be saw-cut or bladecut vertically
on a straight line before excavating.
2.
The material excavated from the trench opening shall not be replaced
as backfill unless expressly authorized by the superintendent or engineer.
Excavated materials must be removed from the work site the day of
excavation.
3.
The backfill of stone or bank run sand shall be furnished from outside
sources.
4.
The uncompleted length of road opening allowed under a permit at
any one time shall not exceed 50 linear feet, unless a special need
can be established by the permittee and approval to exceed this limitation
is secured from the superintendent or engineer. Such special need
shall be noted, in writing, to the superintendent or engineer before
such permission is granted, except in unusual cases and/or emergencies.
In the event, such special need shall be documented, in writing, after
approval is granted.
5.
Where existing manholes are located in the shoulder areas, a minimum
of two inches of asphalt FABC-1 Mix No. 5 shall be placed eight feet
on both sides of the manhole casting on four inches of quarrying-processed
stone. The width of the FABC-1 Mix No. 5 shall vary to the dimensions
of the existing shoulder.
6.
All backfill shall be placed in 12 inch layers, with each layer thoroughly
compacted by mechanical means to the satisfaction of the superintendent
or engineer. The superintendent or engineer shall have the right to
require a compaction test to be performed by an independent laboratory,
at the expense of the permittee.
7.
After proper settlement and cutback, for any portion of the road,
the entire width of the trench, plus a four-inch overlap, shall be
overlaid with a 1 1/2 inch minimum thickness FABC Mix No. 5 pavement
applied to the entire length of the disturbed area and rolled in place
to obtain a smooth pavement surface and sealed at all edges.
b.
Asphalt Pavement Openings.
1.
For openings in old asphalt pavements, backfill material shall be
deposited in 12 inch layers and thoroughly compacted to a level eight
inches below the surface level of the adjacent paved surfaces. The
openings shall be cut back six inches beyond the perimeter of the
trench opening. The base course shall be bituminous stabilized base
stone mix, Mix No. 1, six inches thick (two lifts). The surface shall
be two inches compacted depth of FABC-1 Mix No. 5. All joints between
the new and existing pavements shall be sealed with a tack coat.
2.
When road openings are sequence or are within three feet of another
opening, the surface area of the combined openings will be paved to
form one surface. The surface course shall be two inches compacted
depth of FABC-1 Mix No. 5, with all joints between the new and existing
pavements sealed with a tack coat.
c.
Concrete Pavement Surface Openings. For all openings in concrete
pavement surfaces, the trench backfill shall be compacted in twelve-inch
levels to a level two inches below the top of the adjacent paved surface.
The opening shall be cut back six inches beyond the perimeter of the
trench opening. A two inch compacted depth of stabilized base shall
then be placed, compacted level with the existing pavement and shall
be maintained by the permittee to a pavement level by adding additional
bituminous material until final settlement has occurred. A pavement
of 4,000 pound concrete eight inches in depth shall be constructed
level with the existing pavement surface. A layer of heavy six by
six No. 6 gauge wire mesh reinforcement shall be placed in the opening
and extend fully into the cutback shelf at the point for six inches
below the finished elevation.
d.
Nonpaved Area. All grass or graveled area or sidewalk areas disturbed
within the township right of way shall be reconstructed, topsoiled,
seeded and mulched within 14 days of completion of excavation. All
concrete areas will be thoroughly compacted. These limits may be waived
by the superintendent or engineer only when abnormal temperatures
or inclement weather necessitates the same.
e.
All work shall be guaranteed for a period of 12 months.
[Ord. #2077, § I]
a.
Insurance. The applicant shall present evidence satisfactory to the
township attorney of insurance sufficient to indemnify and save harmless
the township and its agents and servants against and from all suits
and costs of every kind and from all personal injury or property damage
resulting from negligence or from any phase of operations performed
under the permit. Said insurance shall provide limits of not less
than $1,000,000 single limit or, in the case of a public utility,
may be in the form of a certificate of self-insurance. Where there
is an extensive opening, the superintendent or the engineer may request
additional insurance, if it deemed necessary under the circumstances.
b.
Security.
1.
The Clerk shall not issue a permit unless the applicant has deposited, as security for faithful performance, a certified check made payable to the Township of Lyndhurst or filed a bond with surety satisfactory to the township attorney, the amount thereof to be based upon the security deposit fee schedule as contained in subsection 14-4.10 of this section. A public utility applicant may, in lieu of the security required above, deposit an annual corporate bond in the amount of at least $50,000. The surety bond shall be renewed annually. In the event that a public utility applicant applies for a permit for road opening and/or road openings and the required security deposit fees set forth in subsection 14-4.10 exceeds said $50,000, the public utility applicant shall file a surety bond in an amount equal to the difference between the $50,000 and the required security deposit. For all non-public utility applicants, the surety bond shall be at least $1,000. A certified check for a lesser amount may be deposited, however, in the amount provided by subsection 14-4.10 for the work to be performed.
2.
Upon satisfactory completion of all work permitted or required under
the permit for extensive openings, if the security deposit is $2,000
or less, the Township of Lyndhurst will retain 100% of the security
deposit as security for maintenance of the work for a period not to
exceed one year from the date of completion, provided that, if the
security deposit is in the form of a certified check, the permittee
may deposit surety bond of $2,000 satisfactory to the township attorney,
in lieu of the certified check If the security deposit is greater
than $2,000, then the township will release or refund 60% or more
of the same, with the approval of the superintendent or engineer,
and a surety bond may be deposited for the maintenance as set forth
above. All bonds and certificates of insurance shall contain a provision
that the same shall remain in full force and effect for a period not
to exceed one year after the last work under any permit has been completed
and accepted by the township.
3.
In the case of a small opening, the township shall retain the security
deposit for six months after satisfactory completion of all work permitted
or required under the permit, provided that, if the security deposit
is in the form of a certified check, the permittee may deposit a security
bond in lieu of the check.
c.
Application Fee and Escrow Deposit.
1.
The applicant shall also pay, by separate money order, certified check or, if the applicant is a public utility as herein defined, by a corporate check, a nonrefundable application fee as set forth in subsection 14-4.10. Applicants other than a public utility shall pay, by separate money order or certified check, a refundable escrow deposit fee for inspection and professional services as set forth in subsection 14-4.10. The unused portion of the escrow deposit shall be returned. Should the escrow deposit fee account at any time become insufficient to cover the actual or anticipated inspection and professional expenses, the fund shall be subject to increase on demand of the clerk.
2.
The township shall pay from the escrow deposit fee any costs incurred
by its designated representatives or professional consultants for
inspection or other engineering services or legal fees required in
connection with the proposed opening or excavation at the rates established.
[Ord. #2077, § I; Ord. #2215, § I]
a.
The application fee, nonrefundable (other than public utilities),
shall be as follows:
2.
Boring, tunneling or driving under road, lump sum minimum: $75.
3.
Curb, gutter, apron, sidewalk or driveway: lump sum, plus $15 when
affected by excavation.
4.
Application fees shall be accumulated in one account for each public
utility, and said funds can be utilized for the payment for expenses
incurred by the township for any work performed for the permittee
without restriction as to which application the funds were originally
posted.
5.
In lieu of individual application fees, public utilities may pay
annual fees of $1,000.
b.
c.
The escrow deposit fee, engineering and legal costs shall be as follows:
1.
All road openings, excavation, boring and other work as stated on
the permit application:
(a)
Base charge, including first five square yards on any trench,
driveway or sidewalk opening torn up or excavated, and including the
first 20 linear feet of any curb or gutter torn up or excavated: $200.
(b)
For all work proposed on each application that exceeds the quantities
delineated in paragraph c1 above, a work schedule shall be submitted
to and approved by the superintendent or the engineer, who shall estimate
the total escrow deposit fee required based thereon. If, at any time
during the course of the work, it appears evident to the superintendent
or the engineer that the escrow deposit fee is or will be insufficient
to cover all costs of inspection and/or other professional services,
additional escrow deposit fees shall be estimated by the superintendent
or the engineer and paid to the clerk, based on a revised work schedule
to be submitted by the applicant. This procedure shall be reported
as often as necessary to guarantee sufficient escrow deposit fees
being available.
[Ord. #2077, § 1]
Upon the completion of any such work, the superintendent or
engineer shall file a report on a form to be furnished for that purpose,
which report shall contain the date of completion, the amount of deposit,
the cost to the township of resurfacing the area so excavated or opened,
if the same shall have been necessary, and the balance, if any, due
to the applicant. Upon receipt of the report by the clerk, the balance
due, if any, to the applicant on account of any deposit shall be forthwith
returned.
[Ord. #2077, § 1]
Any person, company, firm or corporation who or which shall
violate any of the provisions of this section shall, upon conviction
of such violation, be subject, for each offense, to a fine not exceeding
$1,000 or imprisonment for a term not exceeding 90 days, or both.
In case of failure to restore pavements or roads or streets as hereinabove
provided, after written notice by the clerk to do so, each day that
such pavement, roads or streets remain unrestored shall constitute
a separate offense.
[Ord. #2371, § I]
Any contractor who desires to perform emergency snow removal
services for the Township of Lyndhurst must provide the township with
the following documentation concerning its vehicles and its drivers:
a.
Current certificate of Insurance;
b.
Current medical card;
c.
Copy of valid Commercial Drivers' License;
d.
Driver Abstracts as may be requested by the township;
e.
Proof of successful completion of a Drug and Alcohol Program.
All drivers will be subject to random drug and alcohol testing
by the township as may be permitted by law.
[Ord. #2371, § 11; Ord. #2720, § 1;
amended 2-8-2022 by Ord. No. 3098-22]
The Township shall pay for emergency snow removal as follows:
|
Bobcat
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$200/hr.
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Rubber tire loader backhoe - 1 cubic yard
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$250/hr.
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Rubber tire front end loader - 3 cubic yards
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$300/hr.
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Rubber tire front end loader - 4-5 cubic yards
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$350/hr.
|
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4 wheel drive pick-up plowing
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$175/hr.
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Dump truck 2 1/2 cubic yards for removal or plowing (single
axle)
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$175/hr.
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Dump truck 5-7 cubic yards for removal or plowing (single axle)
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$225/hr.
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Dump truck 15/20 cubic yards tandem, for removal or plowing
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$275/hr.
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