[Ord. #53; 1976 Code § 151-1; New]
The owner or owners, tenant or tenants of the lands abutting
or bordering upon the flag or concrete sidewalks of the public streets
of the Township shall remove all ice and snow from the portion of
such sidewalks whereon such lands abut or border within 12 hours after
the same shall be formed or fall thereon and other impediments therefrom
within three days after notice to remove the same.
[Ord. #53; 1976 Code § 151-2; New]
In case such owner or owners, tenant or tenants of lands abutting or bordering upon such sidewalks of the public streets of the Township shall fail to remove such snow, ice, grass, weeds or other impediments from sidewalks as required by Subsection 15-1.1, it shall be the duty of the Director of Public Works or other officer having charge of the streets of the Township to remove the snow, ice, grass, weeds or other impediments from the sidewalks in front of which the lands abut or border.
[Ord. #53; 1976 Code § 151-3]
The cost and expense paid and incurred by the Street Commissioners
or other officers for the removal of such snow or ice, grass, weeds
and other impediments from any sidewalk shall be assessed by the Township
Council and charged upon the books of the Township against the lands
abutting upon or bordering the walks, which, with interest thereon,
shall forthwith become a lien on the lands and shall be added to and
form a part of the taxes next to be assessed and levied upon such
lands and shall be certified by the Township Clerk to the Collector
of Taxes for the Township and be collected in the same manner as other
taxes.
[Ord. #53; 1976 Code § 151-4]
The owner or owners, tenant or tenants of lands abutting or bordering upon any such sidewalk who shall fail or neglect to remove all ice and snow from the portion of such sidewalk whereon such lands abut or border and all grass and weeds and other impediments as required by Subsection 15-1.1 shall, upon conviction thereof, be subject to the penalty as stated in Chapter 1, § 1-5.
[Ord. #90; 1976 Code § 151-5]
No person, persons or corporation shall place or cause to be
placed on any portion of any sidewalk, street or highway within the
limits of the Township any obstruction of any nature whatsoever which
shall in any manner hinder, delay or otherwise impede the use of sidewalk,
street or highway by the public; provided, however, that during construction
or repairs, the person carrying on such construction or repairs may
temporarily obstruct portions of sidewalk, street or highway by applying
for a permit to do so and by erecting safety guards around such construction
or repairs and placing lights and such other warnings as may be necessary
to protect the public in its use of street, sidewalk or highway.
[Ord. #90; 1976 Code § 151-6]
No one shall cause any condition to exist upon any portion of
any sidewalk, street or highway, the existence of which shall in any
manner hinder, delay or otherwise impede or render dangerous the use
by the public of sidewalk, street or highway.
[Ord. #90; 1976 Code § 151-7]
No one shall cause any water to drain or flow on or over any
sidewalk, street or highway, other than the usual flow of surface
water during or after a rain or during a thaw and other than the small
quantities of water which may be caused to flow on or over any sidewalk,
street or highway by reason of the watering of any lawns.
[Ord. #1235, § 2; Ord. #1273, § I]
a.
No person shall erect or construct any building, structure, erection or projection in, over or upon any public right-of-way except as permitted by Subsection 15-2.4 of this Code.
b.
The following uses of the public right-of-way are permitted as right
so long as the use is accessory to the primary use upon the abutting
property.
1.
Lawns.
2.
Live landscaping less than 18 inches in height.
3.
Sidewalks and driveways.
4.
Trees planted with approval of the Township Environmental Commission.
5.
Mailboxes meeting U.S. Post Office Regulations and local Construction
Code requirements. The structure to which the mailbox is attached
shall not exceed 48 inches in height, 24 inches in width and 24 inches
in length.
c.
All uses, erections, projections or structures, other than as listed in Subsection 15-2.4b, are prohibited unless approved by resolution of the Township Council. Any appurtenant property owner who wants to use the adjacent right-of-way area shall request such permission in writing from the Township Council. The Township Council shall approve or deny the request within 45 days of receipt of the request.
d.
In considering requests for use of adjacent right-of-way areas the
Township Council shall observe the following criteria:
1.
Reports and/or comments shall be obtained from the Chief of Police,
Construction Official, Municipal Engineer and Chief of Fire Department.
Absence of any reports shall not delay action by the Township Council.
2.
The proposed use of the adjoining right-of-way shall not impair or
interfere with use of the right-of-way by vehicles or pedestrians.
3.
All applicable, necessary permits must be obtained from the Construction
Official or other agencies which have jurisdiction.
4.
The encroachment must be accessory to the primary use of the abutting
property.
5.
The encroachment must not interfere with snow plowing, leaf collection
refuse or recycling collection or other municipal services or with
roadway or sidewalk maintenance or repair.
6.
The encroachment may not block the sight triangles of motor vehicle
operators and may not create any conditions adverse to public safety.
7.
The abutting property shall acknowledge that permission to encroach
upon the public right-of-way is revocable at any time by the municipality
and that upon revocation the encroachment must be removed by the property
owner at his own expense.
e.
All encroachments, structures, uses, erections and constructions
in any public right-of-way in the Township of Mahwah which are not
authorized under this subsection shall be removed at the expense of
the owner or occupant of the abutting property after receipt of written
notice from the Township Construction Official, Zoning Enforcement
Officer or Property Maintenance Officer.
[Ord. #90; 1976 Code § 151-8; Ord. #1250, § I]
[Added 6-13-2019 by Ord.
No. 1863]
a.
ADMINISTRATIVE REVIEW
ANTENNA
APPLICABLE CODES
APPLICANT
APPLICATION
AUTHORITY
COLLOCATE
COMMUNICATIONS FACILITY
COMMUNICATIONS SERVICE
COMMUNICATIONS SERVICE PROVIDER
DECORATIVE POLE
ELIGIBLE FACILITIES REQUEST
FCC
LAWS
ORDINARY MAINTENANCE AND REPAIR
PERMIT
PERMITTEE
PERSON
POLE
PROVIDER
PUBLIC RIGHT-OF-WAY or PUBLIC ROW
REPLACE or REPLACEMENT
SMALL WIRELESS FACILITY
STATE
SUPPORT STRUCTURE
TOWER
WIRELESS FACILITY
WIRELESS SERVICES
WIRELESS SERVICES PROVIDER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Ministerial review of an application by the Township Council
and Township Engineer to determine whether the issuance of a permit
is in conformity with the applicable provisions of this section.
Communications equipment that transmits and/or receives electromagnetic
radio frequency signals used in the provision of wireless services.
This definition does not apply to broadcast antennas, antennas designed
for amateur radio use, or satellite dishes for residential or household
purposes.
Uniform building, fire, safety, electrical, plumbing, or
mechanical codes adopted by a recognized national code organization
to the extent such codes have been adopted by the authority, including
any amendments adopted by the authority, or otherwise are applicable
in the jurisdiction.
Any person who submits an application under this section.
A written request, on a form provided by the Township of
Mahwah.
The Township Council of the Township of Mahwah.
To install or mount a small wireless facility in the public
ROW on an existing support structure, an existing tower, or on an
existing pole to which a small wireless facility is attached at the
time of the application. "Collocation" has a corresponding meaning.
Collectively, the equipment at a fixed location or locations
within the public ROW that enables communications services, including:
i) radio transceivers, antennas, coaxial, fiber-optic or other cabling,
power supply (including backup battery), and comparable equipment,
regardless of technological configuration; and ii) all other equipment
associated with any of the foregoing. A "communications facility"
does not include the pole, tower or support structure to which the
equipment is attached.
Cable service, as defined in 47 U.S.C. § 522(6);
information service, as defined in 47 U.S.C. § 153(24);
or telecommunications service, as defined in 47 U.S.C. § 153(53).
A provider of communications services and includes a cable
operator, as defined in 47 U.S.C. § 522(5).
A pole that is specially designed and placed for aesthetic
purposes.
An eligible facilities request as set forth in 47 CFR 1.40001(b)(3),
as that section may be amended from time to time.
The Federal Communications Commission of the United States.
Collectively, any and all federal, state, or local law, statute,
common law, code, rule, regulation, order, or ordinance.
Inspections, testing and/or repair that maintain functional
capacity, aesthetic and structural integrity of a communications facility
and/or the associated support structure, pole or tower, that does
not require blocking, damaging or disturbing any portion of the public
ROW.
A written authorization to install, at a specified location(s)
in the public ROW, a communications facility, tower or a pole to support
a communications facility.
An applicant that has received a permit under this section.
An individual, corporation, limited liability company, partnership,
association, trust, or other entity or organization, including a governmental
entity.
A legally constructed pole, such as a utility, lighting,
or similar pole made of wood, concrete, metal or other material, located
or to be located within the public right-of-way. A "pole" does not
include a tower or support structure and does not include a pole or
structure that supports electric transmission lines.
A communications service provider or a wireless services
provider, and includes any person that owns and/or operates within
the public ROW any communications facilities, wireless facilities,
poles built for the sole or primary purpose of supporting communications
facilities, or towers.
The area on, below, or above property that has been designated
for use as or is used for a public roadway, highway, street, sidewalk,
or similar purpose. The term does not include a federal interstate
highway, state highway, county right-of-way or other areas that are
not within the legal jurisdiction, ownership or control of the authority.
In connection with an existing pole, support structure or
tower, to replace (or the replacement of) same with a new structure,
substantially similar in design, size and scale to the existing structure
and in conformance with this section and any other applicable regulations
in order to address limitations of the existing structure to structurally
support collocation of a communications facility.
A wireless facility that meets both of the following qualifications:
i) each antenna could fit within an enclosure of no more than three
cubic feet in volume; and ii) all other wireless equipment associated
with the antenna, including the preexisting equipment, is cumulatively
no more than 28 cubic feet in volume.
The State of New Jersey.
A structure in the public ROW other than a pole or a tower
to which a wireless facility is attached at the time of the application.
Any structure in the public ROW built for the sole or primary
purpose of supporting a wireless facility. A "tower" does not include
a pole or a support structure.
The equipment at a fixed location or locations in the public
ROW that enables wireless services. The term does not include: i)
the support structure, tower or pole on, under, or within which the
equipment is located or collocated; or ii) coaxial, fiber-optic or
other cabling that is between communications facilities or poles or
that is otherwise not immediately adjacent to or directly associated
with a particular antenna. A small wireless facility is one type of
a wireless facility.
Any wireless services using licensed or unlicensed spectrum,
whether at a fixed location or mobile, provided to the public.
A person who provides wireless services.
b.
Access to Public Right-of-Way. Prior to installing in the public
ROW any communications facility, or any pole built for the sole or
primary purpose of supporting a communications facility, or any tower,
a person shall enter into a right-of-way use agreement with the Township
of Mahwah expressly authorizing use of the public right-of-way for
the communications facility, pole or tower proposed to be installed.
1.
The term of the ROW use agreement shall not exceed 15 years.
2.
The ROW use agreement authorizes the provider's nonexclusive use
of the public ROW for the sole purpose of installing, maintaining
and operating communications facilities, including any pole built
for the sole or primary purpose of supporting the communications facilities
and to provide the services expressly authorized in the agreement
subject to applicable laws, this section and the terms and conditions
of the agreement. The agreement authorizes use only of the public
ROW in which the Township has an actual interest. It is not a warranty
of title or interest in any public ROW and it does not confer on the
provider any interest in any particular location within the public
ROW. No other right or authority is granted except as expressly set
forth in the agreement. Nothing herein shall authorize the use of
the Township's poles, towers, support structures, or other structures
in the public ROW. All use of the Township's poles, towers, support
structures, and other structures in the public ROW shall require a
separate agreement, and the payment of separate fees for such use.
3.
The provider shall, at its sole cost and expense, keep and maintain
its communications facilities, poles, support structures and towers
in the public ROW in a safe condition, and in good order and repair.
4.
The provider shall provide insurance and indemnification of the Township
as described in the ROW use agreement. The coverage must be at least
as broad as:
(a)
Worker's compensation and employer's liability insurance. The
provider shall provide proof of worker's compensation insurance and
be in compliance with the Worker's Compensation Law of the State of
New Jersey. Employer's liability: Limit of liability shall be a minimum
of $500,000, in accordance with New Jersey Statute.
(b)
Comprehensive general liability. Comprehensive general liability
(CGL) insurance with limits no less than $2,000,000 per occurrence.
(c)
Automobile liability. Automobile liability insurance covering
claims for bodily injury and property damage arising from all owned,
hired and non-owned vehicles with limits of not less than $1,000,000
combined single limit.
c.
ROW Permit.
1.
No person may construct, maintain or perform any other work in the
public ROW related to communications facilities, poles built for the
sole or primary purpose of supporting communications facilities, or
towers without first receiving a permit to the extent required under
this section, and any other permit or authorization required by applicable
laws.
2.
The authority shall not issue a permit unless the applicant, or a
provider on whose behalf the applicant is constructing communications
facilities, poles or towers, has applied for and received the ROW
use agreement required by this section, or otherwise has a current
and valid franchise with the Township expressly authorizing use of
the public ROW for the communications facilities, poles or towers
proposed in the application, and all applicable fees have been paid.
3.
The provider shall not locate or maintain its communications facilities,
poles and towers so as to unreasonably interfere with the use of the
public ROW by the Township, by the general public or by other persons
authorized to use or be present in or upon the public ROW.
d.
Location and Siting.
1.
Height. No pole shall be taller than 35 feet in height including
the antennas or 110% of the height of poles in the surrounding streetscape,
whichever is higher.
2.
Distance from curbline. No pole shall be farther than eight feet
from the curbline.
3.
Location, safety and aesthetics. No pole shall be erected in the
right-of-way unless it:
(a)
Is replacing an existing pole; or
(b)
Is approved by the Township Council; or
(c)
Is located within the municipal right-of-way; and
(d)
Is at least 200 linear feet from any other existing pole or
proposed pole along the same side of the street; and
(e)
Is not located in an area with the underground utilities; and
(f)
Does not inhibit any existing sight triangles; and
(g)
Allows adequate room for the public to pass and re-pass across
the right-of-way; and
(h)
Is finished and/or painted so as to blend in compatibly with
its background and so as to minimize its visual impact on surrounding
properties.
4.
The authority may require new poles to be decorative poles if appropriate.
5.
Pole-mounted antennas are permitted on new and existing poles, provided
that each pole-mounted antenna:
(a)
Does not exceed three cubic feet in volume;
(b)
Is finished and/or painted and otherwise camouflaged, in conformance
with best available stealth technology methods, so as to blend in
compatibly with its background and so as to minimize its visual impact
on surrounding properties;
(c)
Does not inhibit sight triangles; and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
6.
Pole-mounted cabinets are permitted on new and existing poles, provided
that each pole-mounted cabinet:
(a)
Does not exceed 16 cubic feet;
(b)
Is finished and/or painted and otherwise camouflaged, in conformance
with best available stealth technology methods, so as to blend in
compatibly with its background and so as to minimize its visual impact
on surrounding properties;
(c)
Does not inhibit sight triangles; and
(d)
Allows adequate room for the public to pass and repass across
the municipal right-of-way.
7.
The authority may also require that an applicant provide a certification
from a licensed engineer attesting to the structural integrity of
any pole-mounted antenna or pole-mounted cabinet.
8.
Ground-mounted equipment may be used only to house equipment and
other supplies in support of the wireless facility.
9.
Underground utilities. Unless otherwise agreed to in writing by the
authority or otherwise required by applicable laws, whenever any existing
electric utilities or communications facilities are located underground
within a public ROW, the provider with permission to occupy the same
portion of the public ROW shall locate its communications facilities
underground at its own expense. The authority may, in its sole discretion,
approve aboveground placement of equipment cabinets, pedestals and
similar equipment. For facilities or equipment such as wireless facilities
that cannot, by their nature, operate unless located above ground,
the provider and authority shall work to find a suitable location
for such facilities or equipment, which may be outside the public
ROW.
10.
All wireless equipment associated with the pole or tower, including
the wireless equipment associated with the antenna and any preexisting
associated equipment, shall not be more than 28 cubic feet in volume.
11.
The provider shall upon completion of construction provide the Township
with as-built drawings and a map showing the location of the facility
and equipment.
e.
Restoration Requirements.
1.
The provider, or its agent or contractor, shall restore, repair and/or
replace any portion of the public ROW that is damaged or disturbed
by the provider's communications facilities, poles, towers or work
in or adjacent to the public ROW.
2.
If the provider fails to timely restore, repair or replace the public
ROW as required in this subsection, the authority or its contractor
may do so and the provider shall pay the authority's costs and expenses
in completing the restoration, repair or replacement.
f.
Removal, Relocation and Abandonment.
1.
Within 30 days following written notice from the authority, the provider
shall, at its own expense, protect, support, temporarily or permanently
disconnect, remove, relocate, change or alter the position of any
of its communications facilities, poles, support structures or towers
within the public ROW, including relocation of aboveground communications
facilities underground (consistent with the provisions of this section),
whenever the Township has determined, in its sole discretion, that
such removal, relocation, change or alteration is necessary for the
construction, repair, maintenance, or installation of any Township
improvement, the operations of the Township in, under or upon the
public ROW, or otherwise is in the public interest. The provider shall
be responsible to the Township for any damages or penalties it may
incur as a result of the provider's failure to remove or relocate
communications facilities, poles, support structures or towers as
required in this subsection.
2.
The Township retains the right and privilege to cut or move any communications
facility, pole, support structure or tower located within the public
ROW of the Township, as the Township may determine, in its sole discretion,
to be necessary, appropriate or useful in response to any public emergency.
If circumstances permit, the Township shall notify the provider and
give the provider an opportunity to move its own facilities prior
to cutting or removing the communications facility, pole, support
structure or tower. In all cases the Township shall notify the provider
after cutting or removing the communications facility, pole, support
structure or tower as promptly as reasonably possible.
3.
A provider shall notify the Township of abandonment of any communications
facility, pole, support structure or tower at the time the decision
to abandon is made; however, in no case shall such notification be
made later than 30 days prior to abandonment. Following receipt of
such notice, the provider shall remove its communications facility,
pole, support structure or tower at the provider's own expense, unless
the Township determines, in its sole discretion, that the communications
facility, pole, support structure or tower may be abandoned in place.
The provider shall remain solely responsible and liable for all of
its communications facilities, poles, support structures and towers
until they are removed from the public ROW unless the Township agrees
in writing to take ownership of the abandoned communications facilities,
poles, support structures or towers.
4.
If the provider fails to timely protect, support, temporarily or
permanently disconnect, remove, relocate, change or alter any of its
communications facilities, poles, support structures or towers or
remove any of its abandoned communications facilities, poles, support
structures or towers as required in this subsection, the Township
or its contractor may do so and the provider shall pay all costs and
expenses related to such work, including any delay damages or other
damages the Township incurs arising from the delay.
g.
Fees and Charges.
1.
Agreement/license application fee. Every person requesting a right-of-way
agreement, franchise agreement or license agreement from the Township
shall pay an application fee of $250, which shall be paid upon submission
of the right–of-way agreement, franchise agreement or license
agreement application.
2.
Permit application fee.
(a)
The applicant shall pay a permit application fee of $500 for
an application for up to five small wireless facilities submitted
simultaneously by a provider. The fee of $100 is established for each
additional small wireless facility.
(b)
The applicant shall pay a non-recurring fee for a new pole (not
a collocation) intended to support one or more small wireless facilities
of $1,000.
3.
A fee of $270 per small wireless facility per year shall be paid
to the Township.
4.
Deposit towards anticipated municipal expenses. (Reserved)
5.
Other fees. The applicant or provider shall be subject to any other
generally applicable fees of the Township or other government body,
such as those required for electrical permits, building permits, or
street opening permits, which the applicant or provider shall pay
as required in the applicable laws, as well as attachment fees for
the use of Township-owned poles, towers, support structures, ducts,
conduits or other structures in the public ROW, as set forth in attachment
agreements authorizing such use.
6.
No refund. Except as otherwise provided in a right-of-way agreement/franchise
agreement/license agreement, the provider may remove its communications
facilities, poles or towers from the public ROW at any time, upon
not less than 30 days prior written notice to the Township, and may
cease paying to the Township any applicable recurring fees for such
use, as of the date of actual removal of the facilities and complete
restoration of the public ROW. In no event shall a provider be entitled
to a refund of fees paid prior to removal of its communications facilities,
poles or towers.
h.
Permit Applications.
1.
Permit required. Unless expressly authorized in this section or in
writing by the Township Council, no person may construct, install
or maintain in the public ROW any communications facilities, poles
built for the sole or primary purpose of supporting communications
facilities, or towers, including the installation or collocation of
communications facilities on existing poles, towers, support structures
or other structures within the public ROW, without first receiving
a permit. Notwithstanding the foregoing, in the event of an emergency,
a provider or its duly authorized representative may work in the public
ROW prior to obtaining a permit, provided that the provider shall
attempt to contact the Township prior to commencing the work and shall
apply for a permit as soon as reasonably possible, but not later than
24 hours, after commencing the emergency work. For purposes of this
subsection, an "emergency" means a circumstance in which immediate
repair to damaged or malfunctioning facilities is necessary to restore
lost service or prevent immediate harm to persons or property.
2.
Permit application requirements. The application shall be made by
the provider or its duly authorized representative and shall contain
the following:
(a)
The applicant's name, address, telephone number, and email address,
including emergency contact information for the applicant.
(b)
The names, addresses, telephone numbers, and email addresses
of all consultants, if any, acting on behalf of the applicant with
respect to the filing of the application.
(c)
A description of the proposed work and the purposes and intent of the proposed facility sufficient to demonstrate compliance with the provisions of this § 15-2.6.
(d)
If applicable, a copy of the authorization for use of the property
from the pole, tower or support structure owner on or in which the
communications facility will be placed or attached.
(e)
Detailed construction drawings regarding the proposed facility.
(f)
To the extent the proposed facility involves collocation on
a pole, tower or support structure, a structural report performed
by a duly licensed engineer evidencing that the pole, tower or support
structure will structurally support the collocation (or that the pole,
tower or support structure will be modified to meet structural requirements)
in accordance with applicable codes.
(g)
For any new aboveground facilities, accurate visual depictions
or representations, if not included in the construction drawings.
3.
Proprietary or confidential information in application. Applications
are public records that may be made publicly available pursuant to
the New Jersey Open Public Records Act.[1] Notwithstanding the foregoing, applicant may designate
portions of its application materials that it reasonably believes
contain proprietary or confidential information as "proprietary" or
"confidential" by clearly marking each portion of such materials accordingly,
and the Township shall treat the information as proprietary and confidential,
subject to the New Jersey Open Public Records Act and the Township's
determination that the applicant's request for confidential or proprietary
treatment of application materials is reasonable. The Township shall
not be required to incur any costs to protect the application materials
from disclosure, other than the Township's routine procedures for
complying with the New Jersey Open Public Records Act.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
4.
Ordinary maintenance and repair. A permit shall not be required for
ordinary maintenance and repair. The provider or other person performing
the ordinary maintenance and repair shall obtain any other permits
required by applicable laws and shall notify the Township in writing
at least 48 hours before performing the ordinary maintenance and repair.
5.
Material changes. Unless otherwise agreed to in writing by the authority,
any material changes to an application, as determined by the authority
in its sole discretion, shall be considered a new application for
purposes of the time limits set forth in § 15-26i, unless
otherwise provided by applicable laws.
6.
Application fees. Unless otherwise provided by applicable laws, all applications pursuant to this section shall be accompanied by the Fees required under § 15-2.6g.
7.
Effect of permit. A permit from the Township Council authorizes an
applicant to undertake only the activities in the public ROW specified
in the application and permit, and in accordance with this section
and any general conditions included in the permit. A permit does not
authorize attachment to or use of existing poles, towers, support
structures or other structures in the public ROW; a permittee or provider
must obtain all necessary approvals from the owner of any pole, tower,
support structure or other structure prior to any attachment or use.
A permit does not create a property right or grant authority to the
applicant to interfere with other existing uses of the public ROW.
8.
Duration. Any permit for construction issued under this section shall
be valid for a period of 180 days after issuance, provided that the
period may be extended for up to an additional 90 days upon written
request of the applicant (made prior to the end of the initial 180-day
period) if the failure to complete construction is as a result of
circumstances beyond the reasonable control of the applicant.
9.
Batch permit. An applicant may simultaneously submit not more than
five applications for communications facilities, or may file a single,
consolidated application covering such communications facilities,
provided that the proposed communications facilities are to be deployed
on the same type of structure using similar equipment and within an
adjacent, related geographic area of the Township. If the applicant
files a consolidated application, the applicant shall pay the application
fee calculated as though each communication facility were a separate
application.
i.
Application Review.
1.
Pre-application meeting. Prior to making a formal application with
the Township for use of the municipal right-of-way, all applicants
are advised to meet voluntarily with the Township Engineer to review
the scope of the applicant's proposal.
2.
All applications made under this section shall be expedited so as
to comply with the shot clocks set forth in the Federal Communications
Commission Order titled "Accelerating Wireless Broadband Deployment
by Removing Barriers to Infrastructure Investment; Accelerating Wireline
Broadband Deployment by the Removal of Barriers to Infrastructure
Investment," WT Docket No. 17-79; WC Docket No. 170-84.
3.
The Township Engineer shall review all applications for the placement of new poles and ground-level cabinets within the municipal ROW and the placement of pole-mounted antennas and pole-mounted cabinets within the municipal ROW and advise the Township Council whether the application is complete and whether it meets the requirements of this § 15-2.6.
4.
Except as otherwise provided by applicable laws, the authority shall,
within 30 days of receiving an application, notify the applicant if
the application is incomplete, and identify the missing information.
The applicant may resubmit the completed application within 10 days
without additional charge, in which case the authority shall have
30 days from receipt of the resubmitted application to verify the
application is complete, notify the applicant that the application
remains incomplete or, in the Township's sole discretion, deny the
application; and
5.
The authority shall review the application and, if the application conforms with applicable provisions of § 15-2.6, the Township Council shall issue the permit, subject to the standard permit requirements published by the Township.
6.
The authority shall make its final decision to approve or deny the
application within 60 days for a collocation of a small wireless facility
to an existing structure, and 90 days to deploy a small wireless facility
on a new structure, after the application is complete (or deemed complete
in the event the Township does not notify the applicant that the application
or resubmitted application is incomplete). Review of an application
to deploy a facility other than a small wireless facility using a
new structure shall be decided within 150 days.
7.
Waiver. The authority may waive any siting standard set forth in § 15-2.6 where the applicant demonstrates that strict enforcement of said standard:
(a)
Will prohibit or have the effect of prohibiting any interstate
or intrastate telecommunications service pursuant to 47 U.S.C. § 253(a);
or
(b)
Will prohibit or have the effect of prohibiting personal wireless
service pursuant to 47 U.S.C. § 332(c)(7)(B)(i)(II); or
(c)
Will violate any requirement set forth by the Federal Communications
Commission Order entitled "Accelerating Wireless Broadband Deployment
by Removing Barriers to Infrastructure Investment; Accelerating Wireline
Broadband Deployment by Removing Barriers to Infrastructure Investment,"
WT Docket No. 17-79; WC Docket 17-84.
8.
The Township Council shall advise the applicant in writing of its
final decision.
[Ord. #301; 1976 Code § 151-9; New]
It shall be unlawful for any person to make an excavation, fill
or construct or repair any pavement, curb, sidewalk or driveway within
the right-of-way lines of any public street of the Township without
a permit in writing from the Construction Official.
[Ord. #301; 1976 Code § 151-10; New]
It is the intention of this section to regulate and control
the excavation or placement of pavement within the right-of-way, change
the grade of the right-of-way area, the change of width and number
of openings of any type driveway construction and the construction
or alteration or repair of any sidewalk or curb. It is not intended
to require a permit for opening or excavating any County road for
which a permit has been acquired from the proper County authority,
or for any owner or tenant to seed, fertilize or maintain the area
between his property line and the edge of pavement or curb.
[Ord. #301; 1976 Code § 151-11]
Before a permit will be issued, the applicant must file an application
in writing on the form provided by the Township, signed by the applicant
performing the work.
[Ord. #301; 1976 Code § 151-12]
Before a permit for any excavation below pavement grade will
be issued, the applicant must file a certificate of insurance of $100,000
to $250,000 for bodily injury and $25,000 for property damage, indemnifying
the Township.
[Ord. #301; 1976 Code § 151-13; New]
Any application for permit for excavation or fill to be made
between the edge of the pavement and the right-of-way line shall be
accompanied by a sketch drawn to scale, showing existing and proposed
grades. Such details of driveways shall be in accordance with construction
details adopted by the Township.
[Ord. #301; 1976 Code § 151-14; New]
Any curb or sidewalk to be constructed shall be in accordance
with standard details of the Township. Any curb to be depressed for
driveway opening shall be completely removed and reconstructed. No
such opening shall be in excess of 18 feet in width.
[Ord. #301; 1976 Code § 151-15; New]
A deposit of either cash or certified check must be made payable
to the Township before a permit shall be issued. The amount of such
deposit shall be $500 cash or $1,000 in alternate form of guarantee
for any pavement opening to guarantee the replacement and restoration
of the road to the satisfaction of the Township Construction Official.
[Ord. #301; 1976 Code § 151-17; New]
In making the excavation the permittee shall preserve the roadway
from needless destruction and shall cause the excavation, installation
or repair of utility and backfilling to be one continuous operation.
In opening the pavement the permittee shall use proper tools in order
to provide a neat and smooth edge to finish.
[Ord. #301; 1976 Code § 151-18]
The permittee shall maintain safe crossings along the line of
opening and keep the same properly guarded by suitable barricades
and warning signs during the day and by barricades and lights at night.
[Ord. #301; 1976 Code § 151-19]
If the excavation is to extend the full width of the road, only
1/2 of the road shall be opened and this is to be backfilled before
the other half is opened, so as to permit the free flow of traffic.
[Ord. #301; 1976 Code § 151-20]
Tunneling or mechanical methods of boring under the road for
service installations may be permitted only on written approval of
the Township Engineer.
[1]
Editor's Note: Former Subsection 15-3.13, Backfilling, previously
codified herein and containing portions of 1976 Code § 151-21
and Ordinance No. 301 was repealed in its entirety by Ordinance No.
1604.
[Ord. #301; 1976 Code § 151-22]
In the event that the Township is to make temporary and permanent
restoration of pavement, permittee assumes all responsibility for
the opening and is required to backfill and continue to backfill opening
as necessary to keep it safe for traffic and until the Township makes
the temporary repair. The temporary repair is to be made by the Township
not later than seven days after the opening has been backfilled.
[Ord. #301; 1976 Code § 151-23]
a.
The existing pavement must be cut with a compressor, wet saw, or
an approved mechanical cutting device, in a straight line and to the
full depth of pavement before excavation. All storm drains and catch
basins will be protected at all times. Any damage will be repaired
by the applicant at applicant's expense.
b.
All fill removed from trench is to be discarded by applicant. The
trench must be of suitable width to obtain proper mechanical compaction.
All backfill is to be done with quarry process stone Type 1-5 or DGA
for the full depth of the trench. First lift of fill, 12 inches above
pipe, shall be compacted using a Jumping Jack Tamper. Successive lifts
shall be compacted by mechanical means such as tamping, vibrating
or rolling. A vibra plate tamper is not acceptable.
c.
Upon completion of the proper backfill compaction, a ten-inch layer
of Bituminous Stabilized Base Mix I-2 shall be utilized in two lifts
of five inches each compacted in all trench areas. The top surface
shall be flush with the adjacent pavement and be uniformly contoured
to conform to the existing surrounding surface.
d.
Applicant must install and maintain temporary line striping and pavement
markings.
e.
The applicant further agrees to keep the trench filled to the level
of surrounding pavement until settlement has ceased. The Township
shall be held harmless in any and all accidents arising out of trench
defects.
f.
After a reasonable settlement period, final restoration will require
infrared application or a two-inch compacted surface course of Bituminous
Surface Course Mix 1-5 to be placed over the entire area of stabilized
base.
1.
Prior to the application of the surface course, the entire area of
stabilized base, including 12 inches surrounding the edge of the opening,
shall be milled by a milling machine (self propelled, power operated
planning, grinding or cutting machine) to a minimum depth of two inches
from the outside edge of trench to the curbline in a uniform width,
a minimum of ten-foot wide.
2.
The resulting milled surface shall then be swept and tack coat material
applied before the two-inch compacted surface course laid. This course
shall be thoroughly compacted flush with the surrounding surface by
vibratory rolling and be uniformly contoured to the adjacent pavement.
3.
When using infrared resurfacing application, all stabilized base
material in the road opening plus a minimum of six inches surrounding
the edge of the opening require heating and raking to a depth of one-inch.
All raked material to be discarded and replaced by fresh hot FABC
top mix.
4.
All manhole frames and covers installed within the pavement area
shall be set to finished grade. Any scarring or road damage to any
other part of a roadway caused by this permit shall be repaired as
per the above conditions.
g.
Final line striping and pavement markings must be restored immediately
to original or better condition. The standard for the Township for
line striping and traffic markings is the application of thermoplastic.
[Ord. #301; 1976 Code § 151-24]
Shoulder trenches shall be replaced with a pervious material
to within six inches of the surface. The final six inches shall be
shoulder stone, or if the surrounding shoulder is of a higher grade
of pavement, it shall match the surrounding shoulder.
[Ord. #301; 1976 Code § 151-25]
In the event the permittee has been granted permission to make
temporary and permanent restoration of pavement, the permittee agrees
to assume all responsibility for any damage which may occur as a result
of the opening from the time the opening is made until permanent restoration
of pavement has been made and approved, at which time the Township
assumes responsibility therefor.
[Ord. #301; 1976 Code § 151-26]
If the permittee shall not have received permission to restore
the pavement, the Township will restore the pavement excavated, and
the deposit made by the permittee shall be used in defraying the expenses
of making such restoration, the inspection cost and the permanent
maintenance of such opening. A refund will be made to permittee of
any balance remaining of the deposit made. Such refund shall be made
through the regular Township voucher within six months after the opening
has been restored.
[Ord. #301; 1976 Code § 151-27]
Where opening permits are required to be issued between December
1 and April 1, the deposit and/or performance bonds provided for in
this section will be doubled and the inspection fees increased for
such permits during the period.
[Ord. #301; 1976 Code § 151-28]
Notwithstanding anything which may appear to the contrary in
these regulations, the applicant by accepting this permit assumes
all responsibility for the safe maintenance of the opening from December
1 until April 1 and further assumes all liability for damages resulting
from or in any way connected with the opening during this period.
[Ord. #301; 1976 Code § 151-29]
The backfill of all trenches during the winter period must be
made with shoulder stone, crushed stone or gravel, and if the opening
is in pavement, there is to be placed in the trench five inches of
2 1/2 inch stone, dustbound, and two inches of bituminous concrete.
No rocks larger than five inches in any dimension or frozen dirt or
organic debris, such as logs, shall be placed in the trenches.
[Ord. #301; 1976 Code § 151-30; New]
a.
In addition to any deposits required by this chapter, there shall
be a $50 permit fee for all activities regulated by this chapter.
b.
In case the permittee fails to make permanent restoration and maintenance
of the pavement opening, the Township may make such emergency repairs
and deduct the cost thereof from the deposit of the permittee.
c.
Measurements of pavement for repair of openings shall be at least
six inches more in each direction than the size of the actual opening.
[Ord. #301; 1976 Code § 151-31; New; Ord. #1454]
a.
Any person, firm or corporation which is a public utility subject to regulation by the Board of Public Utility Commissioners of the State of New Jersey and which desires to obtain permits under the provisions of this section may, in lieu of the provisions hereof requiring deposits under Subsection 15-3.7, make a bond, which may be the bond of such public utility solely, in the penal sum of $10,000 running in favor of the Township, and file same with the Township Clerk. Such bond will be conditioned upon compliance with the applicable provisions of this section in respect to each street opening which shall be hereafter made by such public utility in the Township, and the obligation of such bond shall be a continuing obligation to the full amount thereof in respect to each such street opening.
b.
Whenever any such public utility or municipal corporation or any
department thereof, having filed such a bond and while same is in
full force and effect, requests the Township Construction Official
in writing to issue to it a street opening permit, it shall be the
duty of the Township Construction Official to issue such permit, the
charge for which shall be $50 for each such street opening, to be
billed monthly by the Construction Official. In case of emergency
street openings, a permit shall be obtained from the Township Construction
Official within 72 hours after such opening is made.
c.
Any such public utility, municipal corporation or any department thereof, during the period while such bond is in full force and effect, shall be exempt from the requirements of Subsections 15-3.4, 15-3.7, 15-3.8, 15-3.19, and 15-3.22, except, however, that in lieu of filing a certificate of insurance for bodily injury and property damage in the amounts as set forth in Subsection 15-3.4 hereof, the public utility, municipal corporation or any department thereof shall file with the Township Clerk, at the same time that the bond herein provided for is filed, a letter certifying that it is a self-insurer and exempt from the necessity of obtaining an insurance policy pursuant to the provisions of the Statutes of New Jersey.
[Ord. #1454; Ord. #1496, § 3]
It shall be unlawful for any person, or business entity, whether
public or private to make an excavation in, fill or construct, or
repair any pavement, curb, sidewalk or driveway located within the
right-of-way lines of any public street in the Township of Mahwah
which has been paved or repaved within a period of two years of the
date of the application for a permit, except in the case of an emergency,
endangering the health, safety or welfare of the community.
[Ord. #301; 1976 Code § 151-32; New; Ord. #1454;
Ord. #1496, § 3]
Any person convicted of violating any of the provisions of this
section shall be subject to the provisions of the Uniform Construction
Code.
[Ord. #768; 1976 Code § 151-33; New]
It shall be unlawful to install any driveway connecting with
any street or highway, or break any curb therefor in the Township
without first obtaining a permit to do so.
[Ord. #768; 1976 Code § 151-34; New]
Application shall be made to the Construction Official for such
permit, accompanied by proper plans to show the size, the manner in
which the driveway shall be connected to the street or highway, the
sight distance in each direction, the construction specifications,
the exact location on the lot, the curb opening, if any, and the manner
in which the driveway shall be constructed across the existing gutter
and in what manner the drainage for the gutter and driveway shall
be provided for. Prior to the issuance of any permit, however, the
same shall be approved by the Township Engineer or Director of Public
Works. The fee for such permit will be $50 and shall accompany the
application.
[Ord. #768; 1976 Code § 151-35]
No driveway shall be constructed in such a manner as to permit
the obstruction of drainage along the gutter, road area, and adjacent
lots, the interference with existing drains, if any, and adequate
provision must be made for proper drainage, which driveway and drainage
must be built in accordance with such specifications as shall be approved
by the Township.
[Ord. #768; 1976 Code § 151-36]
All curbs broken shall be repaired where they are connected
to or join the edges of the driveways according to specifications
approved by the Township.
[Ord. #768; 1976 Code § 151-37]
All applicants must also comply with the applicable provisions
of the Soil Ordinance of the Township Code.
[Ord. #768; 1976 Code § 151-38]
[Ord. #826; Ord. #842; 1976 Code § 152-1]
The Township Council shall establish by Resolution, the names
to be used by the Township Planning Board, prior to approval by the
Planning Board of any final subdivision or final site plan containing
new streets.
The Township Council shall, prior to establishing or changing
any street names, consult with the Historic Site Committee and request
it to provide a list of appropriate names.
[Ord. #826; 1976 Code § 152-2]
The following streets in the Township, now named as hereinafter
indicated, are changed respectively to the names as follows:
|
Present Name
|
New Name
|
Location
|
|---|---|---|
|
(Reserved)
| ||
[Ord. #826; 1976 Code § 152-3]
The following are also changed in name although along same there
are no buildings constructed, and the streets are what are commonly
known as "paper streets", and the change in name shall not be construed
in any way to constitute an acceptance of the streets by the Township.
|
Present Name
|
New Name
|
Location
|
|---|---|---|
|
(Reserved)
| ||
[Ord. #826; 1976 Code § 152-4]
After the adoption, the Township Clerk shall prepare and distribute
to each of the residents of this municipality affected thereby notice
of the change in name of the street pertaining to each such resident,
and he shall also mail a copy of the within ordinance to each of the
following and such other persons, firms, corporation, agencies or
bodies which may be interested in the change of name of streets:
[Ord. #956, § 1]
As used in this section:
Shall mean all products made from aluminum and used as containers
for various matter, and any and all materials known by this term.
Shall mean and include all those items normally of a recyclable
nature that contain a substance or substances such as paint, turpentine,
or animal droppings etc. that render the material to be unmarketable
as a recyclable.
Includes all products made from silica or sand, soda ash
and limestone (the product being used for packaging or bottling of
various matter) and all other material known by this term, excluding
however, blue, white and "flat" glass commonly known as window or
plate glass.
Shall mean a paper product, and includes the type distributed
usually daily or weekly, having printed thereon news, opinions, advertisements,
and other matter of public interest, included in this definition shall
be magazines, but expressly excluded are items known as "junk mail"
and other periodicals containing glue substances.
Shall mean all products derived from the pulp of trees.
Shall mean and include all individuals, partnerships, corporations,
owners, tenants, lessees, firms, societies, schools, churches, and
associations, either profit or non-profit, with the Township.
Shall mean and include all materials, designated by this
section or future Ordinances, to be separated from solid waste placed
at curbside for separate pick-up.
Shall mean any process by which materials which 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 the person appointed by the Business Administrator
who shall be authorized to coordinate the Township's Recycling Program
and assist with the enforcement of the provisions of this section
and the rules and regulations promulgated hereafter.
Shall mean and include all garbage, rubbish and waste matter
usually disposed of under the municipal garbage contract and normally
placed at curbside by the residents and commercial occupants in the
Township of Mahwah for usual collection at regular intervals by the
contractor holding the Township Garbage Contract.
[Ord. #956, § 2; New; Ord. #1605; Ord. #1651]
There is hereby established a program for separation of recyclables
from solid wastes on a mandatory basis within the Township for the
purpose of recycling.
Effective January 1, 2008, it shall be mandatory for all persons
to separate newspaper, glass, designated plastic and aluminum from
all other solid waste produced in or at any premises in the Township.
Effective June 30, 2009, it shall be mandatory for all persons
to separate construction and demolition debris (including concrete,
brick, tree parts, nonferrous/ferrous metal, asphalt, and corrugated
cardboard where practical), corrugated cardboard, mixed paper, and
Type 1 and 2 plastic containers from all other solid waste, produced
in or at any premises in the Township.
Also effective June 30, 2009, in all districts, it shall be
mandatory for all commercial property owners/tenants to separate Type
1 and 2 plastic containers from all other solid waste, produced in
or at any premises in the Township.
[Ord. #956, § 3; Ord. #1605]
a.
Curbside Disposal. Newspapers shall be bundled separately in units
not to exceed 30 pounds in weight and 12 inches in height. Bundles
may be placed in paper bags, string tied, placed in reusable wooden
or plastic boxes or placed at the curb for collection on days and
at times and in such a manner, as shall be designated by the Recycling
Coordinator under rules and regulations promulgated by this Ordinance.
b.
Recycling Site Disposal. At the option and expense of persons required
to separate newspapers, newspapers may be brought to the Recycling
Center owned by the Township. In this event, bundling required in
"Curbside Disposal" in the above subsection is waived and subject
to rules and regulations in effect at the recycling site.
c.
Curbside Disposal. Glass shall be reasonably rinsed. This glass can
be placed at curbside in reusable metal or plastic containers. Aluminum
and other metal cans shall be reasonably rinsed and placed at curbside
in reusable metal or plastic containers. Designated recyclable plastic
items and glass, plastic, aluminum and other metal items may be commingled
in the curbside containers.
d.
Recycling Site Disposal. At the option and expense of persons required
to recycle glass, plastic, aluminum and other metal items, such items
may be brought to the Township Recycling Center where they shall be
separated by the person bringing such recyclables for disposal.
[Ord. #956, § 4; Ord. #1605]
a.
From the time of placement of newspapers, glass, plastic, aluminum
and other metal items by any person at the curb for collection by
the Township or its authorized agent, pursuant to the rules and regulations
herein contained or hereafter promulgated, such newspapers, glass,
plastic, aluminum and other metal items shall become the sole property
of the Township or its authorized agent.
b.
It shall be a violation of this section for any person(s) unauthorized
by the Township of Mahwah to pick up or cause to be collected or picked
up, any such recyclable items. Each violation of this section from
one or more premises shall constitute a separate and distinct offense
punishable as hereinafter provided.
[Ord. #956, § 5; New]
a.
The Mayor and Council may, by Ordinance, supplement this section
by the requiring of other recyclable materials to be separated at
curbside from other solid wastes.
b.
Rules and Regulations. The Mayor and Council authorizes the Township
Business Administrator or his agent to establish and promulgate rules
and regulations in accordance with the provisions hereof.
c.
As of April 1, 1988 no leaves or organic yard waste will be accepted
in the solid waste stream. From April 1 of each year through October
15 of each year, the Township will provide a curbside pick up of said
waste, said waste must be in biodegradable bags available through
the Township. From October 15 each year through December 31 of each
year, all organic waste (leaves and grass) must be raked to curbside
and will be picked up by the Township.
[Ord. #956; § 6]
a.
This section shall be enforced by the Recycling Coordinator, by the
Department of Health, Police and Public Works, by the Building Inspector's
Office and such other employees or departments of the Township as
designated in writing by the Business Administrator.
[Ord. #1516]
All ordinances or parts of ordinances that are inconsistent
with the provisions of this section are hereby repealed, but only
to the extent of any inconsistencies.
[Ord. #1516]
The provisions of this section are severable. If any part of
this section is declared to be unconstitutional or invalid by any
court, the remaining parts of this section will remain in full force
and effect.
[Ord. #1193 § I]
Shall mean and include all garbage, rubbish and waste matter
usually disposed of under the municipal garbage contract and normally
placed at curbside by the residents and commercial occupants in the
Township of Mahwah for usual collection at regular intervals by the
contractor holding the Township Garbage Contract.
[Ord. #1193 § I]
a.
The owner, tenant or occupant of residential premises (except for
private communities which provide for common area pick up) shall provide
and maintain refuse containers of metal or plastic for curbside pickup
of solid waste.
b.
All receptacles containing solid waste or recyclables shall be placed
at the curb for collection no earlier than 6:00 p.m. on the day prior
to the scheduled collection date and shall be removed within 12 hours
after such receptacles have been emptied, and such receptacles shall
be stored in an inconspicuous and sanitary location.
[Ord. #1193 § I]
This section shall be enforced by the Recycling Coordinator,
by the Department of Health, Police and Public Works, by the Building
Inspector's Office and such other employees or departments of the
Township as designated in writing by the Business Administrator.
[Ord. #1193 § I]
[Ord. #1307, § I]
No person shall operate any motor vehicles or equipment for collection of solid waste (as defined in Subsection 15-7.1) and/or collection of recyclable materials prior to 7:00 a.m. or after 7:00 p.m. in the Township.
[Added 10-13-2022 by Ord.
No. 1987]
The Township recognizes that the usage of dumpsters, are appropriate
and necessary in certain circumstances for building, demolishing,
restoring, or remediating all manner of commercial and residential
properties. However, the Townships also finds that it is in the best
interests of the community to regulate their usage by monitoring the
number, location and duration of use.
[Added 10-13-2022 by Ord.
No. 1987]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein.
A metal or other storage receptacle used to temporarily store
debris or garbage and which is then emptied of its contents or removed
with its contents to a dumpsite.
[Added 10-13-2022 by Ord.
No. 1987]
a.
No dumpster shall be placed upon any public right-of-way without
first obtaining a permit from the Township Construction Official.
Written notification as to the arrival date of said dumpster is to
be submitted to the Construction Official and Chief of Police in writing.
b.
A dumpster must be well maintained and in good working condition,
displaying the name or logo and telephone number of the owner of the
dumpster.
c.
Any person who controls, whether owned, leased, or operated, a dumpster
must ensure that such container is covered at all times and shall
prevent refuse from spilling out or overflowing.
d.
Any person who owns, leases or otherwise uses a dumpster must ensure
that such dumpster does not leak or otherwise discharge liquids, semiliquids
or solids to the municipal separate storm sewer system(s) operated
by the Township of Mahwah.
e.
Any person who owns, leases or otherwise uses a dumpster must ensure
that the dumpster is covered when materials inside are easily airborne,
pose a hazard, emitting an odor or are otherwise offensive.
f.
Debris must be placed inside the dumpster; not alongside or on top
of it.
g.
All dumpsters are required to be emptied when full. For the purpose
of this ordinance, full is defined as when the contents of the container
reach an average level of one foot below the top edge of the container
sides. Any dumpster which has reached the full status, and is not
emptied within seven calendar days shall be considered in violation
of this ordinance.
h.
When the placement of the dumpster is placed in the public right-of-way,
it must have a flasher or sufficient reflective tape on the outside
corner facing traffic at all times to make it visible at night. Where
traffic may approach from either side, the dumpster must have a flasher
or sufficient reflective tape on the outside corner on both sides.
i.
A dumpster shall not block a public sidewalk.
j.
No dumpster shall be placed nearer than 15 feet to any fire hydrant
or other area intended for fire-fighting equipment.
k.
No dumpster shall be placed nearer than three feet to any building
or structure.
l.
No dumpster shall be placed in such a manner as to interfere with
the operation or maintenance of any public utility.
m.
Dumpsters in the public right-of-way shall be removed immediately
upon the completion of the project. No dumpster, and/or refuse container
shall be place in the public right-of-way for more than 30 days. An
extension of the thirty-day rule may be allowed with written permission
from the Township Construction Official and payment of the renewal
fee.
n.
Any dumpster placed in the public right-of-way shall be placed upon
a wooden pad of at least six inches by six inches and at least 3/4
of an inch in thickness, or on a similarly protective device in order
to prevent damage to the road surface and said placement shall be
approved by the Township Construction Official. The permit holder
is responsible for the placement and removal of the wooden pad or
similarly protective device.
o.
No dumpster shall be placed on streets, sides of streets or areas
designated as "No Parking." Dumpsters shall not be placed in public
parking lots or parks without prior written permission from the Township.
p.
If a dumpster is placed on commercial property, it shall not be placed
in a manner to interfere or obstruct ingress and egress of any commercial
building. Dumpsters shall not be place in parking lots or obstruct
parking without prior written permission from the Township.
q.
If a dumpster is place on residential property, it shall not be placed
in manner to obstruct or interfere with any neighboring property.
r.
If any damage or injury to the street, curb, or sidewalk shall be
caused, the party to whom such permit has been issued shall be responsible
and liable for the same. The Township shall restore the street, curb
or sidewalk to its original condition and collect the cost of restoration
from the permittee.
[Added 10-13-2022 by Ord.
No. 1987]
a.
Upon proper application, the Construction Official shall issue a
permit to the applicant for a fee of $50. The permit shall be for
a period of 30 days and shall authorize the placement of the dumpster
on the property described in the application. Requests for extensions,
in writing and showing good cause, may be granted at the discretion
of the Building Inspector. There will be a cost of $25 per thirty-day
extension.
b.
If the dumpster is to be placed on a public roadway, the applicant
obtain a special permit for a fee of $100. The applicant shall provide
proof of insurance to the Township and acknowledgement that if any
damage or injury to the street, curb, or sidewalk shall be caused,
the party to whom such permit has been issued shall be responsible
and liable for the same. The Township shall restore the street, curb
or sidewalk to its original condition and collect the cost of restoration
from the permittee.
[Added 10-13-2022 by Ord.
No. 1987]
This section shall be enforced by the Township Property Maintenance
Officer or the Township Engineer.
[Added 10-13-2022 by Ord.
No. 1987]
a.
Any person who violates any provision of this section shall, upon
conviction thereof, be punishable by a fine not exceeding $2,000 or
such other penalties consistent with N.J.S.A. 40:49-5. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
b.
The Township may remove or have a dumpster removed from public right-of-way,
if the container is in violation of this section.
[Ord. No. 2016-1789 § 1]
Temporary non-commercial signs shall be permitted in the Township
right-of-way subject to approval of a majority of the Township Council.
[Ord. No. 2016-1789 § 2]
An application for temporary non-commercial signs shall be made
by filing a request with the Township Clerk. The request shall identify
the number and size of the proposed signs, along with an appropriate
contact person to be responsible for the removal of the temporary
non-commercial signs.
[Ord. No. 2016-1789 § 3]
Shall mean political signs or signs expressing an opinion
on a non-commercial issue or announcing an event.
[Ord. No. 2016-1789 § 4]
The Township Council shall review the request at the next regularly
scheduled Township Council meeting and may permit the installation
of temporary non-commercial signs within the Township right-of-way
subject to the following:
a.
Requirements which shall take precedence over and supersede all standards
or requirements found in any portion of the Code of the Township of
Mahwah regulating signage:
1.
Permit Requirements. No permit is required to display a non-commercial
sign in accordance with this section.
2.
Prohibition to Place Signs. No non-commercial signs shall be erected,
posted or placed within a Township right-of-way without the express
consent of Township Council of the Township of Mahwah.
3.
Time. All non-commercial signs for or against any candidate, slate
or issue on the ballot, opinion on a non-commercial issue or non-commercial
event shall be erected no more than 60 days prior to the election
or non-commercial issue or announcing an event and shall be removed
within seven days after the election, issue or event to which such
sign is applicable.
4.
Placement.
(a)
Such signs shall only be permitted in a right-of-way that is
owned, maintained or controlled by the Township of Mahwah.
(b)
No non-commercial signs shall be erected in a manner that obstructs
the line of sight at an intersection.
(c)
Signs of a particular size that are excessively large or have
the potential to block appropriate sight distance or impose a traffic
safety issue may be rejected by the Township Council.
(d)
No more than 500 signs per election cycle per candidate shall
be permitted.
5.
Removal of Signs. Any sign erected in violation of this section shall be removed within two days after receipt of written notification from the Zoning Officer of the violation to the organization that erected or applied the sign. If a sign is not removed after notice, a fine may be assessed in accordance with Subsection 15-8.5 hereof. Anything to the contrary notwithstanding, the Township reserves the right to remove any temporary noncommercial sign that has been erected within the public right-of-way in violation of this section, in which case the cost incurred by the Township for the removal of the illegal temporary sign shall be paid by the organization or political campaign committee named on the noncommercial sign as being responsible for the erection or funding for the sign.
[Amended 12-27-2018 by Ord. No. 1851]
[Ord. No. 2016-1789 § 5]
Any temporary non-commercial sign which has not be removed within
seven days after the election, issue or event for which is pertains
may be subject to a fine of not to exceed $25 per sign and not to
exceed a total fine of $250.
[Added 4-1-2021 by Ord. No. 1926]
a.
Every owner or occupant of property within the Township shall maintain
and be responsible for proper upkeep of the part of the street between
the property line and the curb abutting the property, including the
corner areas adjacent to corner lots either within or without the
property lines. Condominium and townhouse associations shall be responsible
for maintenance and upkeep of sidewalks within the public right of
way. The Township shall be responsible for maintenance and upkeep
of the curb abutting the property.
Such upkeep shall include keeping abutting sidewalks in a proper
condition of maintenance and good repair, including but not limited
to, keeping such sidewalks free of obstruction, debris, cracks and
crevices or other unsafe conditions. Sidewalks shall be constructed
and maintained as defined, required and set forth in N.J.A.C. 5:21-4:18,
in accordance with heretofore established lines, grades and standards.
b.
If the Property Maintenance Inspector determines that any sidewalk
governed by this chapter has fallen into a state of disrepair, the
Property Maintenance Inspector shall, upon the Township Council passing
a resolution, cause a written notice to be served upon the property
owner, either personally or by certified mail. The notice shall require
specified work to the sidewalk be completed within 30 days of the
date of service of the notice, or within a reasonable period of time
depending upon the season of the year.
c.
If the property so affected is unoccupied and the owner cannot be
located within the Township, the notice may be mailed to the owner's
post office address if known. In case the owner is a nonresident of
the Township or the owner's post office address cannot be ascertained,
then the notice may be inserted for four weeks, once a week, in a
newspaper circulating in the Township.
d.
If the property owner does not comply with the notice requirements,
the Department of Public Works, upon the filing by the Property Maintenance
Inspector of a proof of service or publication of the aforesaid notice
with the Township Council, shall cause the required work to be done
and paid for out of the municipal funds available for that purpose.
e.
The cost of such work shall be certified by the Department of Public
Works to the Tax Collector. Upon filing said certificate, the amount
of the cost of such work shall be and become a lien upon said abutting
lands in front of which such work was done, to the same extent that
assessments for local improvements are liens in the Township under
its charter or the general law, and shall be collected in the manner
provided by law for the collection of such other assessments and shall
bear interest at the same rate. In addition, the Township may have
an action to recover said amount against the owner of affected lands
in any court having competent jurisdiction thereof. A certified copy
of the aforesaid certificate shall, in such action, be prima facie
evidence of the existence of a debt due from the owner to the Township.
