[Ord. #193, S 1; Ord. #87-560, S 1]
As used in this section:
Shall mean and include removing, digging in, cutting, disturbing,
excavating or taking up any surface, pavement or soil of, upon or
within any street as defined in this section.
Shall mean and include the regularly traveled portion of
any street.
Shall mean and include that area within the street right-of-way,
adjacent to the existing pavement and available for use by vehicular
traffic.
Shall mean and include any street, highway, lane, alley,
court, sidewalk, or dedicated right-of-way in the Township recognized
as such by the Township and under its control.
[Ord. #193, S 2; Ord. #87-560, S 1]
No person shall make any excavation or place any form of construction
in, over, within or upon any street, or otherwise endanger or obstruct
the normal flow of traffic or normal flow of surface water by the
placing of any barricade, structure, material or equipment not normally
designed to be operated, placed, or used on a street, nor make any
connection to any storm drain, inlet or utility within the street
without first obtaining a written permit, approved by the Township
Engineer for such fees as provided in this section. Before a permit
is issued, application must be made therefor upon forms provided by
the Township of Montgomery. The application shall be accompanied by
scaled drawings satisfactory to the Township Engineer, showing all
details of any structures being installed in the streets or being
altered and/or any proposed connection to such structures, or storm
drain, inlet or utility. Every permit shall specify the name and residence
of the applicant, the place and places at which the work is to be
done, the character of the work and the time within which it is to
be completed. No such permit shall be valid except for the place,
time and character of work specified therein. Permits are not transferable.
All work performed in, over, within or upon any street shall be in
accordance with the New Jersey Department of Transportation Manual
for Standard Specification for Road and Bridge Construction (1983),
as amended.[1]
[Ord. #193, S 2; New]
a.
No permit shall be issued hereunder to open the pavement of any road
which has been constructed or reconstructed for a period of five years
from the date of the completion of such construction, except in the
event of an emergency. No permit shall be issued to open the pavement
of any road which has been overlaid for a period of three years from
the date of completion of such overlay work except in the event of
an emergency. The Township Engineer shall determine whether an emergency
exists. As used herein, an emergency exists with respect to a water
main break, gas leak, sanitary sewer malfunction, or any circumstance
which may endanger the public health or safety or cause damage to
public or private property.
[Ord. #193, S 3; New]
Prior to the issuance of any permit for excavation below pavement
grade, the applicant shall file with the Township Clerk a certificate
of insurance certifying that there is in full force and effect liability
and property damage insurance for the protection of the applicant
and the Township of Montgomery from any and all claims for personal
injury including accidental death, and property damage in minimum
amounts of $100,000 to $3000,000 bodily injury and $25,000 property
damage. The Township shall be included as an added insured on the
applicant's Certificate of Insurance.
[Ord. #193, S 4; New; Ord. #87-560, S 1]
No person shall be granted a permit to open any street until
and unless there shall be deposited with the Township Treasurer in
cash or by certified check, an amount sufficient to secure the cost
of repairing and replacing said street or other surfaces or appurtenances
within the street area as may be determined by the Township Engineer.
The minimum amount deemed sufficient for said purposes shall be as
follows: $15 per square yard for paved area openings; $8 per square
yard for shoulder openings; $5 per square yard for lawn openings;
and $10 per lineal foot for curb replacement; provided, nevertheless,
the minimum deposit shall be $100. Any person may file with the Township
Clerk a performance surety bond in double the amount of the above
deposits to secure the cost of repairing and replacing such street
or other surfaces or appurtenances within the street area in the manner
as herein provided. No such bond shall be accepted until the Township
Engineer shall have certified that the amount thereof is sufficient
as provided herein and the Township Attorney shall have approved the
qualifications of the surety and the sufficiency of the form and execution
of said guarantee.
[Ord. # 193, S 5; New; Ord. #87-560, S 1]
All openings, excavation and restoration shall be made under the supervision of the Township Engineer or Township authorized agent and subject to periodic inspection as he may deem necessary. In addition to the deposit or bond as provided in subsection 11-1.4, each applicant for a permit shall pay the following fees for the purpose of issuance of said permit, examination of drawings, supervision and inspection of work: (a) trench openings and excavation, the sum of $25 plus $25 for each 100 lineal feet or portion thereof, (b) in all other openings or excavation, the sum of $25 plus $15 for each inspection in excess of two.
[Ord. #193, S 6]
No such security deposit, certified check or performance surety
bond shall be released until all repairing and replacing of streets,
or other surfaces or appurtenance within the street area are fully
complete to the satisfaction of the Township Engineer and all inspection
fees paid as provided in the section. In no event shall any such security
deposit, certified check or performance surety bond be released within
a period of six months from completion of said work and until written
approval by the Township Engineer is obtained.
[New]
Pavement shall be neatly saw cut or cut by pneumatic hammer.
[Ord. #193, S 7; New; Ord. #87-560, S 1]
Unless otherwise directed by the Township Engineer, the following
specifications shall govern the backfill in excavated trenches:
a.
All pavement, shoulder and driveway openings shall be backfilled
with type 5, class A stone and shall be tamped in six inch layers
with a mechanical tamper. A six inch sand cushion may be applied around
pipes, conduits, cables, wires, etc., for protection of such facilities.
b.
All other openings shall be backfilled with suitable excavated material
and shall be tamped in six inch layers with a mechanical tamper.
c.
All material not suitable for backfill and all excess backfill material
shall be removed from the site by permittee. Such material, if suitable,
for other land fill purposes, shall be deposited on Township owned
property as directed by the Township Engineer or Township authorized
agent.
[Ord. #193, S 8; New; Ord. #87-560, S 1]
Unless otherwise directed by the Township Engineer, upon completion of the opening and backfill as specified in subsection 11-1.8, the following specifications shall govern the maintenance and repair of street openings by the permittee:
a.
Shoulder openings shall be backfilled to within eight inches of the
existing shoulder surface. The remainder of the trench shall be filled
with road stone similar to existing shoulder material and tamped or
rolled with the minimum capacity of a five ton roller. The trench
shall be maintained to the existing shoulder grade by the addition
of shoulder stone as required.
b.
Pavement openings shall be filled as specified herein above for shoulder
openings except that in place of the shoulder stone used to fill the
remainder of the opening, five inches of 1 1/2 inch broken stone
shall be used and the remainder shall be filled with three inches
of bituminous concrete. The pavement openings shall be maintained
to the existing pavement grade by the addition of bituminous concrete
as required. When, in the opinion of the Township Engineer, settlement
in the pavement opening has ceased, the bituminous concrete surface
course shall be removed and a permanent surface installed which shall,
as nearly as possible, duplicate the original pavement in type, material,
color and texture of surface resulting in a uniform riding surface.
c.
Driveway openings shall be replaced in kind and the appropriate specifications
for shoulder openings or pavement openings shall govern replacement
of same.
d.
Adequate provision shall be made to maintain and restore drainage
facilities. Whenever drainage discharges from sump pump, interceptor
drains or other such systems are extended within the front yard of
a lot, or are extended into the street, such drainage shall be tied
into the storm sewer system in accordance with the requirements of
this chapter and the "Standard Construction Detail" appended hereto.
If no closed drainage system exists into which such discharges may
be let, upon review and approval by the Township Engineer, such discharges
may be let into an open or natural drainage system. This shall also
apply to temporary drainage discharges such as draining swimming pools
or from construction operations. Such temporary drainage lines shall
not be laid over sidewalks without adequate provision having been
made to preserve the safety of pedestrians by providing proper barricades
and ramps as directed by the Township Engineer.
[Ord. #198, S 9]
This section shall not apply to excavations or road openings
made by State, county or municipal authorities.
[Ord. #193, S 10; New]
Every person making an excavation shall be required to place
and maintain suitable warning devices, caution notices, barriers and
lighting devices pursuant to the requirements of the Manual on Uniform
Traffic Control Devices as amended and supplemented. All work shall
be conducted in such manner as to minimize the obstruction of traffic
and inconvenience to the public and occupants of adjoining property.
Where less than two complete traffic lanes are maintained, flag workers
shall be employed. Where an excavation extends the full width of a
street, only one-half of the street shall be opened and backfilled
prior to opening the remaining one-half.
[Ord. #193, S 11]
Any street opening must be backfilled within a period of 48
hours after commencement of excavation. Temporary repaving shall be
completed promptly as trenches are backfilled. Permanent pavement
replacement shall be completed within a period of six months from
the date of installation of temporary pavement unless the Township
Engineer shall designate a shorter period of time under this subsection
where circumstances warrant.
[Ord. #193, S 12]
Any public utility subject to regulation by the Board of Public Utility Commissioners of the State of New Jersey, may in lieu of security deposits, required in subsection 11-1.4 above, execute a bond in the penal sum of $10,000 to the Township of Montgomery and file same with the Township Clerk. Such bond shall be conditioned upon compliance with the applicable provisions of this section. In lieu of filing certificates of insurance as provided in subsection 11-1.3 above, a public utility may file with the Township Clerk evidence certifying that it is qualified as a self-insurer pursuant to the appropriate Statutes of the State of New Jersey. The provisions of subsection 11-1.4 and 11-1.5 of this section shall not apply to the installation of public utility poles and anchors.
[Ord. #193, S 13]
Street openings or excavations may be made without obtaining a written permit as provided herein in cases of emergency which would reasonably appear to endanger public health or safety. In such emergencies, adequate precautions shall be taken as provided in subsection 11-1.11 of this section. Immediate notice thereof shall be communicated to the Township Engineer. Application for a permit shall thereafter be made within a period of 48 hours and compliance with all provisions of this section shall be met.
[Ord. #193, S 14]
Every permittee shall, as a condition of accepting any permit
issued hereunder, save and hold harmless the Township of Montgomery
and indemnify the Township, its officers, agents, servants and employees
from and against any and all loss, damage, claim, expense or demand
whatsoever arising out of any matter or resulting from the opening
of any street and the issuance of a permit therefor as provided in
this section.
[Ord. #193, S 15]
[Ord. #204, S 1]
For the better protection of life and property, in the interest
of public safety and for the protection of drainage along roads within
the Township.
[Ord. #204, S 2]
It shall be unlawful for any person to install, repair or maintain
a private driveway within the public right-of-way in said Township,
unless and until a permit is first obtained from the Township Engineer.
[Ord. #204, S 3]
A fee of $5 shall be paid to the Township for each permit issued.
[Ord. #204, S 3]
a.
Name, address and telephone number of owner.
b.
Lot, block and address of premises on which driveway is located or
is to be located.
c.
Whether new installation, repair or maintenance.
d.
Plans and specifications for installation, repair or maintenance
of driveway within the public right-of-way and in particular, to show
how it applies to curb line, gutter line and drainage along the road.
e.
Name of person, firm or corporation and address of same doing the
work.
[Ord. #204, S 4]
A typical plan shall be prepared by the Township Engineer for
the construction of a driveway over curb lines, gutter liens and drainage
ditches. All plans shall substantially comply with this typical plan.
[Ord. #204, S 5; New]
The person to whom a permit is granted shall notify the Township
Engineer immediately upon completion of work covered by the permit.
The Township representative shall inspect and approve the installation
of the work or shall disapprove the installation, if it is improperly
done. If it is disapproved, the reasons shall be stated in writing
and the time within which the work shall be corrected shall be specified.
A reinspection shall be made when notice is given to the Township
Engineer that the defects have been corrected.
[Ord. #204, S 6]
Minor repairs such as repairs of minor holes and/or cracks in
driveways within the public right-of-way and which do not affect the
gutter line or drainage along the municipal road may be made without
the necessity of a permit, provided a prompt report in writing is
made showing the extent thereof to the Township Engineer.
[Ord. #204, S 7]
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 86-523, 87-563, 40-677, 91-705 and 94-809.
The following words and phrases shall have the following meanings:
a.
Aluminum cans shall mean food and beverage containers made entirely
of aluminum.
b.
Antifreeze shall mean an automotive engine coolant consisting of
a mixture of ethylene glycol and water or propylene glycol and water.
c.
Computer printout/white ledger shall mean all computer paper, a high
grade white paper, including letterhead, typing paper, copier paper,
onionskin, and note pad.
d.
Concrete, asphalt and masonry/paving material shall mean asphalt,
concrete, brick, cinder block, "patio blocks", and other masonry and
paving materials.
e.
Consumer batteries shall mean any type of button-, coin-, cylindrical-,
rectangular- or other-shaped, enclosed device or sealed container
which is utilized as an energy source for commercial, industrial,
medical, institutional or household use, but shall not include lead
acid batteries.
f.
Corrugated containers shall mean brown grocery bags, and similar
paper items, usually used to transport supplies, equipment, parts
or other merchandise.
g.
Glass containers shall mean glass containers used for packaging food
or beverages.
h.
Heavy iron shall mean all structural steel or ferrous metal, cast
from components.
i.
Lead-acid batteries shall mean batteries from automobiles, trucks,
other vehicles and machinery and equipment which shall be stored in
a manner that protects them from the elements to avoid corrosion and
leakage.
j.
Leaves and brush shall mean leaves, brush and other yard trimmings,
including grass clippings, from institutional, commercial or industrial
sources.
k.
Magazines and junk mail shall mean magazine stock, white and colored
paper and envelopes, telephone directories and books.
l.
Mercury containing devices shall mean fluorescent and compact tubes,
High Intensity Discharge (HID) and neon lamps, electrical switches,
thermostats, thermometers and any batteries containing mercury.
m.
Mixed paper shall mean magazines, glossy inserts, computer paper,
junk mail, colored paper and office paper.
n.
Mixed office paper shall mean items listed in computer printout/white
ledger category when mixed with envelopes, manila folders and color
paper, and which is generated by commercial/institutional sources.
o.
Newspaper shall mean all paper marketed as newsprint or newspaper
and containing at least 70% newsprint or newspaper (American Paper
Institute grades #6, #7, and #8 news).
p.
Nonresidential generator shall mean the owner, occupant, or operator
of any commercial, industrial or institutional premises, including
but not limited to business establishments, restaurants, warehouses,
factories, office buildings, governmental premises, and schools.
q.
Occupant shall mean any individual, partnership, corporation or other
legal entity having actual physical possession or occupancy of a premises
or part thereof, including but not limited to tenants.
r.
Operator shall mean any individual, partnership, corporation or other
legal entity designated to manage or operate a premises.
s.
Owner shall mean any individual, partnership, corporation or other
legal entity having legal title of record to a premises.
t.
Plastic containers shall mean containers such as polyethylene terephthalate
(PETE - #1) soda bottles, high-density polyethylene (HDPE - #2) milk,
and water or detergent bottles.
u.
Premises shall mean land and any improvements thereon, or any part
thereof.
v.
Residential generator shall mean the owner, occupant or operator
of any single- or multi-dwelling unit, including, but not limited
to single family homes, garden and high-rise apartments, condominiums,
and townhouses.
w.
Scrap autos shall mean crushed or shredded automobile or truck bodies,
excluding auto shredder residue or "fluff."
x.
Steel and rigid cans shall mean rigid containers made exclusively
or primarily of steel, tin-plated steel, and composite steel and aluminum
cans used to store food, beverages, paint and a variety of other household
and consumer products.
y.
Stumps, logs and tree parts shall mean unfinished wood from land
clearing projects, storm damage or pruning activities.
z.
Textiles shall mean textiles larger than 15" x 15," e.g. clean clothing,
drapes, curtains, sheets, towels, cloth, belt, shoes, handbags, and
small stuffed animals.
aa.
Tires shall mean rubber-based scrap automotive and truck tires.
bb.
Used consumer electronics shall mean any appliance used in a business
and which contains circuitry, including, but not limited to, computers,
computer peripherals, printers, copiers, video cassette recorders,
televisions, cell phones, fax machines, and the components and subassemblies
of such electronic products.
cc.
Used motor oil shall mean a petroleum base or synthetic oil, which,
through use, storage or handling has become unsuitable for its original
purpose due to the presence of impurities or loss of its original
properties, such as oil used to lubricate internal combustion engines.
dd.
White goods and light iron shall mean all large appliances such as
washers, dryers, refrigerators, as well as products made from sheet
iron, such as shelving, file cabinets, metal desks, recycled or reconditioned
steel drums, and other non-structural ferrous scrap.
ee.
Wood scrap shall mean unfinished lumber from construction or demolition
projects including pallets. Unfinished shall mean non-chemically treated,
i.e., not pressure treated; impregnated with preservatives, insecticides,
fungicides, creosote, or other chemicals; painted, resin-coated or
otherwise surface treated; laminated or bonded; or similarly altered
from its natural condition.
ff.
Wood waste shall mean unfurnished lumber generated by residential
generators of solid waste.
[Ord. #08-1270, S 1]
[Ord. #08-1270, S 1]
There is hereby continued a program for the mandatory separation
of recyclables within the Township.
[Ord. #08-1270, S 1]
It shall be mandatory for all owners, operators and occupants
of residential and nonresidential premises within the Township, to
separate designated recyclable materials from solid waste. Designated
recyclable material shall be deposited separate and apart from other
solid waste generated by the owners, operators, or occupants of such
premises and shall be placed separately at the curb in a manner and
on such days and times as established in this section.
a.
Requirements for Nonresidential Generators.
1.
The owner, operator or occupant of any commercial, industrial, or
institutional premises shall separate the following recyclable material
as required under the County Recycling Program:
|
Aluminum cans
|
|
Antifreeze
|
|
Computer printout/white ledger
|
|
Concrete
|
|
Consumer batteries
|
|
Corrugated containers
|
|
Glass containers
|
|
Heavy iron
|
|
Lead-acid batteries
|
|
Leaves and brush
|
|
Magazines and junk mail
|
|
Mercury containing devices
|
|
Mixed office paper
|
|
Newspaper
|
|
Plastic containers (#1 & #2 plastic bottles)
|
|
Scrap autos
|
|
Steel cans
|
|
Stumps, logs and tree parts
|
|
Textiles
|
|
Used consumer electronics
|
|
Used motor oil
|
|
White goods and light iron
|
|
Wood scrap
|
2.
All commercial industrial and institutional generators of solid waste
shall be required to comply with the provisions of this section. The
owner, operator or occupant of any commercial industrial, or institutional
premises within the Township shall annually report to the Recycling
Coordinator regarding its recycling activities. Such report shall
be on such forms as may be prescribed by the Recycling Coordinator.
3.
A nonresidential generator of solid waste that sells beverages packaged
in plastic or glass containers or aluminum cans and consumed on the
nonresidential generator's premises shall maintain at the premises
receptacles exclusively for the deposit of these recyclable materials.
Said receptacles shall be clearly marked to indicate that they are
used exclusively for said purpose.
4.
Every office shall have in each work area within it a separate receptacle
for the collection and disposal of computer paper/white ledger and
mixed office paper.
b.
Requirements for Residential Generators. The owner, occupant or operator
of any dwelling within the Township shall place for disposal removal
or collection the following named items in conformity with the following
regulations:
1.
Newspapers shall be secured in separate bundles not to exceed 35
pounds and shall not be contained in plastic bags.
2.
The following recyclables are mandatory source separated items as
of the effective date of this section:
|
Aluminum cans
|
|
Asphalt
|
|
Concrete
|
|
Consumer batteries
|
|
Corrugated cardboard
|
|
Glass containers
|
|
Leaves
|
|
Mixed paper
|
|
Newspaper
|
|
Plastic containers (#1 & #2 plastic bottles)
|
|
Steel and bimetal cans
|
|
Telephone books
|
|
Textiles
|
|
Used motor oil
|
|
Wood waste
|
3.
The owner of the premises shall be responsible for compliance with
this section. In addition, for multifamily units, the owner or operator
of the premises is responsible for setting up and maintaining a recycling
system for collecting recyclable materials in accordance with this
section. Violations and penalty notices will be directed to the said
owner or operator in those instances where the violator is not readily
identifiable.
[Ord. #08-1270, S 1]
The collection of recyclable material shall be in the manner
prescribed as follows:
a.
All receptacles containing recyclable materials shall be placed,
prior to collection, between the curb and the sidewalk, or in the
absence of curb and sidewalk, as near to the street as not to constitute
a danger, where they shall be readily accessible to the collector
without providing obstruction to pedestrians. Receptacles and newspaper
to be disposed of shall be placed outside after 6:00 p.m. on the day
immediately preceding the day of collection, but no later than 7:00
a.m. on the day of collection.
b.
All receptacles or dumpsters shall be maintained clean and in a safe
handling condition.
c.
It is prohibited and it will be determined to be a violation hereof
for any generator of solid waste in the Township to put into or cause
to be put into the solid waste collection system of the Township any
leaves.
d.
The collection, removal and disposal of recyclables shall be supervised
by the Township or its designated agent, who shall establish the time,
method and routes of service. The County is the Township's designated
agent for recycling and the County's rules and regulations are to
be followed regarding the time, days of collection, method of collection
and routes of service. If the Township's designated agent changes,
residents will be notified of the change and of the new rules and
regulations for the time, days of collection, method of collection
and routes of service.
[Ord. #08-1270, S 1]
It shall be a violation of this section for any person unauthorized
by the County or Township to pick up or cause to be collected or picked
up any recyclable materials during the twenty-four-hour period commencing
at 6:00 p.m. on any day preceding a day designated for collection.
Any and each such collection in violation hereof from one or more
residences during said twenty-four-hour period shall constitute a
separate and distinct offense punishable as hereinafter provided.
[Ord. #08-1270, S 1]
Pursuant to N.J.S.A. 13:1E-99.13a and N.J.S.A. 99.16c, new developments
of multi-family residential units or of commercial, institutional
or industrial properties must comply with the following:
a.
Any development application pursuant to N.J.S.A. 40:55D-1 et seq.
for subdivision or site plan approval for the construction of multi-family
dwellings of three or more units, single-family developments of 50
or more units or any commercial, institutional, or industrial development
for the utilization of 1,000 square feet or more of land, must include
a recycling plan. This plan must contain, at a minimum, the following:
1.
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development; and
2.
Locations documented on the application's site plan that provide
for convenient recycling opportunities for all owners, tenants, and
occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be reasonably determined by the Township Recycling Coordinator.
b.
Prior to the issuance of a certificate of occupancy by the Township,
the owner of any new multi-family housing or of any commercial, institutional,
or industrial development must supply a copy of a duly executed contract
with a hauling company for the purposes of collection and recycling
of source-separated recyclable materials, in those instances where
the County does not otherwise provide this service.
c.
Provision shall be made for the indoor, or enclosed outdoor, storage
and pickup of solid waste, to be approved by the Township Engineer.
[Ord. #08-1270, S 1]
At the time of issuance of any building permit, the Building
Code Official will provide written instruction on proper disposal
and recycling of construction and demolition waste that requires removal
of 21 or more cubic yards of waste materials and furnish a Notification
of Construction/Demolition Activity Form that must be filled out by
the permitted and faxed to the Somerset County Department of Health-CEHA
OPERATIONS within two working days of the issuance of a permit.
[Ord. #08-1270, S 1]
[Ord. #08-1270, S 1]
All nonresidential generators with 100 or more employees are
required to have a plan which describes how source separation and
recycling shall be accomplished for their premises. The plan, which
shall be submitted to the Township and County, shall include at least
the following:
[Ord. #08-1270, S 1]
Any individual, partnership, corporation or other legal entity that violates or neglects to comply with any provision of this section or any regulations promulgated thereto shall upon conviction thereof, be punishable in accordance with Section 1-5 of this Code.
[Ord. #08-1270, S 1]
The office of the Recycling Coordinator shall be empowered to
enforce the recycling provisions of this section. The Recycling Coordinator
shall have the powers and duties enumerated in N.J.S.A. 13:1E-99.16.
The Recycling Coordinator is further authorized and directed to establish
reasonable rules and regulations to enforce the provisions of this
section. Such rules and regulations shall be effective only upon their
approval and adoption by resolution of the Township Committee.
[Ord. #05-1196, S 1; Ord. #10-1366, S 1]
As used in this section:
Shall mean waste and wastewater from humans or household
operations.
Shall mean any physical or nonphysical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by the Township, unless that discharge
is authorized under a NJPDES permit other than the Tier A Municipal
Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical
connections may include, but are not limited to, leaks, flows, or
overflows into the municipal separate storm sewer system.
Shall mean nondomestic waste, including, but not limited
to, those pollutants regulated under section 307(a), (b) or (c) of
the Federal Clean Water Act (33 U.S.C. 1317 (a), (b) or (c)).
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, manmade channels, or storm drains) that is owned
or operated by the Township or other public body, and is designed
and used for collecting and conveying stormwater.
Shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
Shall mean water used to reduce temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat) or finished product.
Non-contact cooling water may, however, contain algaecides, or biocides
to control fouling of equipment such as heat exchangers, and/or corrosion
inhibitors.
Shall mean water which, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, byproduct,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
Shall mean any waste container, including, but not limited
to, dumpsters, trash cans, garbage pails, and plastic trash bags.
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
Shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
[Ord. #05-1196, S 1]
a.
No person shall discharge or cause to be discharged through an illicit
connection to the municipal separate storm sewer system operated by
the Township any domestic sewage, non-contact cooling water, process
water, or other industrial waste (other than stormwater).
b.
Except as set forth in subsection 11-4.2 of this chapter, the spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
c.
The following activities are excepted from the prohibitions set forth in subsection 11-4.2b of this chapter:
1.
Water line flushing and discharges from potable water sources;
2.
Uncontaminated ground water, e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters, provided a permit for the connection thereof has been obtained pursuant to subsection 11-4.2d of this chapter;
3.
Air conditioning condensate (excluding contact and non-contact cooling
water);
4.
Irrigation water (including landscape and lawn watering runoff);
5.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows;
6.
Residential car washing water, and residential swimming pool discharges;
7.
Sidewalk, driveway and street wash water;
8.
Flows from firefighting activities;
9.
Flows from rinsing of the following equipment with clean water: Equipment
used in the application of salt and de-icing materials immediately
following salt and de-icing material applications. Prior to rinsing
with clean water, all residual salt and deicing materials must be
removed from equipment and vehicles to the maximum extent practicable
using dry cleaning methods, e.g., shoveling and sweeping. Recovered
materials are to be returned to storage for reuse or properly discarded.
d.
The connection of the activities set forth in subsection 11-4.2c2, of this chapter to the municipal separate storm sewer may be allowed upon application to the Township Engineer for a permit upon the following conditions:
1.
Unless approved by the Township Engineer, the sump pump, roof drain,
other drain or connection shall not discharge water, either directly
or indirectly, to a public right-of-way or easement. The Township
Engineer, when evaluating a request for such a connection shall require
the submission of the following information:
(a)
A written plan indicating how the flow is intended to be redirected to discharge to a storm sewer in accordance with subsection 16-5.2 of this Code so that icing or street erosion conditions will not occur.
(b)
A sketch submitted showing the connection of the sump pump,
roof drain, or other drain or connection to the municipal separate
storm sewer.
(c)
Submission of a road opening permit, if work is to be done in
the Township right-of-way, or within a public easement.
[Ord. #05-1196, S 1]
a.
Any sump pump shall have a permanent piping installation to direct
flow at least 10 feet from a building structure and at a location
which will minimize infiltration to the building foundation and/or
the Township sanitary sewer system.
b.
Any sump pump, roof drain or other drain or connection shall not
discharge water onto any adjacent property.
[Ord. #10-1366, S 2]
a.
Any person who controls, whether owned, leased, or operated, a refuse
container must ensure that such container is covered at all times
and shall prevent refuse from spilling out or overflowing.
b.
Any person who controls, whether owned, leased or operated, a refuse
container must ensure that such container does not leak or otherwise
discharge liquids, semi-liquids or solids to the municipal separate
storm sewer system operated by the Township.
c.
The following are exempt from the prohibition enacted in this subsection:
1.
Permitted temporary demolition containers;
2.
Litter receptacles (other than dumpsters or other bulk containers);
3.
Residential trash and recycling containers;
4.
Refuse containers at facilities authorized to discharge stormwater
under a valid NJPDES permit; and
5.
Large bulky items (e.g., furniture, bound carpet and padding, white
goods) placed curbside for pickup.
[Ord. #10-1366, S 3]
a.
No person in control of private property (except a residential lot
with one single-family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
b.
Design Standards. Storm drain inlets identified above shall comply
with the following standards to control passage of solid and floatable
materials, including, but not limited to, sediment, debris, trash,
and other floating, suspended, or settleable solids, through storm
drain inlets.
1.
When grates in pavement or another ground surface that collect stormwater
into a storm drain or surface water body under that grate are used:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines (April
1996) shall be installed; or
(b)
A different grate can be installed if each individual clear
space in that grate has an area of no more than 7.0 square inches,
or is no greater than 0.5 inches across the smallest dimension.
2.
When a curb-opening inlet is used, the clear space in that curb opening
(or each individual clear space, if the curb opening has two or more
clear spaces) shall have an area of no more than 7.0 square inches,
or be no greater than 2.0 inches across the smallest dimension.
3.
The above design standards do not apply:
(a)
Where the Township Engineer agrees that complying with the design
standards would cause inadequate hydraulic performance that could
not practicably be overcome by using additional or larger storm drain
inlets than meet these standards;
(b)
Where flows are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(c)
Where flows are conveyed through a trash rack that has parallel
bars with one inch spacing between the bars;
(d)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Ord. #05-1196, § S 1; Ord. #10-1366, S 4]
This section shall be enforced by the Police Department and/or
the Township Engineer and/or his/her designated representative.
[Ord. No. 16-1509]
a.
Removal of Snow and Ice From Sidewalks Required. The owner, occupant
or tenant of premises abutting, adjoining or bordering on any public
street shall remove all snow and ice from the abutting, adjoining,
or bordering sidewalk of such public street within 48 hours after
the snow has ceased to fall or the ice having formed; provided that
in the case of ice which may be so frozen as to make removal impracticable,
the owner, occupant or tenant shall cause the ice to be thoroughly
covered with salt, sand or other abrasive materials such as kitty
litter, saw dust, or wood ashes.
b.
Placing of Snow or Ice on Public Right-of-Way Prohibited. No person
shall throw, place or deposit any snow or ice which has accumulated
upon private property into or upon any public right-of-way, inclusive
of the traveled portion of the right-of-way, cartway and sidewalk.
[Ord. No. 16-1508]
a.
Findings and Purpose.
1.
Pursuant to N.J.S.A. 40:65-1, et seq., the Township Committee determines
it appropriate to establish a municipal-wide policy concerning the
repair of damaged sidewalks in the public rights-of-way. As a result
of limited municipal resources, repairs of sidewalks will be addressed
by the Township taking into consideration several factors, including,
but not limited to (a) those sidewalks actually known by the Township
to be damaged and, in the reasonable judgment of the Township Engineer,
in a more significantly poor condition than other sidewalks, (b) frequency
of sidewalk usage, (c) economies that may be generated by repairing
sidewalks in the same vicinity, (d) economies that may be generated
by performing like repairs on the affected sidewalks, (e) availability
of grants or other funding for certain types of repairs, (f) economies
that may be generated by linking sidewalk repair to other public improvements,
and (g) those sidewalks, which in the reasonable judgment of the Township
Engineer, present a higher risk to public safety than other damaged
sidewalks. Aesthetic conditions shall not be a factor.
2.
The purpose of this subsection is to create procedures for the repair
of sidewalk infrastructure in the interests of public health, safety
and welfare, while at the same time balancing fiscal responsibility
within the constraints of available municipal resources.
b.
Repair of Residential Sidewalks. Sidewalks located in the public
rights-of-way adjacent to residential properties will be inspected
by either the Montgomery Township Department of Public Works or Engineering
Department on a rotating basis, as time and resources permit. The
Engineering Department will maintain a list of residential sidewalks
that have been inspected to include, if applicable, repair information.
The Township will undertake residential sidewalk repair projects when
sufficient municipal resources are available based upon the factors
set forth in paragraph a1 above. The Township Engineer and Public
Works Director are responsible for determining the timing and scope
of all such repair projects within budgetary limitations. Nothing
herein is intended to preclude a property owner from undertaking sidewalk
repairs, provided all required permits therefor are obtained, and
the repairs are in compliance with relevant codes and standards.
c.
Residential Sidewalk Repair Exclusions. The following are excluded
from the provisions of subparagraph b above:
1.
Residential sidewalks not located within Montgomery Township-accepted
public rights-of-way.
2.
Driveway aprons.
3.
Damage to sidewalks caused by the conduct, actions or negligence,
of the adjacent property owner or occupant, contractor or other third
party. It shall be the responsibility of the adjacent property owner
or occupant, contractor or other third party to perform, at their
sole cost and expense, any and all necessary repairs to residential
sidewalks damaged by his/her conduct, actions or negligence.
4.
Residential sidewalks that remain subject to a guaranty posted under
the provisions of N.J.S.A. 40:55D-1 et seq.
d.
Repair of Commercial Sidewalks. It shall be the duty of any owner
or occupant of commercial property located within the Township to
keep the sidewalk abutting such property maintained and repaired so
as to minimize any endangerment to the public health, safety and welfare
of any individual using the sidewalks. Maintenance shall include,
but not be limited to, keeping commercial sidewalks free of obstructions
and nuisances. All maintenance and repair of commercial sidewalks
shall be done wholly at the cost of the owner or occupant of the commercial
property abutting such sidewalks; provided, however, that in the case
of commercial sidewalk that is still subject to a guaranty posted
under the provisions of N.J.S.A. 40:55D-1 et seq., the developer shall
be responsible for said maintenance and repair.
e.
Notice for Commercial Sidewalks. Whenever the owner or occupant of
commercial property fails to maintain and repair the abutting sidewalk,
or permits them to deteriorate into such condition that the health,
safety and welfare of the public is impaired, written notice shall
be given to the owner or occupant directing that the necessary maintenance
or repairs be completed within 30 days from the date of service of
the notice. Whenever any commercial lands are unoccupied and the owner
cannot be found within the Township, or in the case of a non-resident
owner where his or her post office address cannot be ascertained,
notice shall be given in accordance with N.J.S.A. 40:65-14.
f.
Procedure When Commercial Owner or Occupant Fails to Act. If a commercial
property owner or occupant does not comply with the requirements of
the notice set forth in subparagraph d above, then, upon filing of
due proof of service or publication of such notice, either the Township
Engineer or the Public Works Director may cause the required work
to be done and paid for out of the Township funds available for this
purpose. The cost of such work shall be certified to the Tax Collector
by either the Township Engineer or the Public Works Director. Upon
filing of such certificate, the amount of the cost of such work shall
be and become a lien upon the adjacent commercial property to the
same extent that assessments for local improvements are liens in the
Township, 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 thereto, nothing set forth in this subsection
shall prohibit the Township from filing an action to recover the same
amount against the commercial owner or occupant in any court of competent
jurisdiction.
g.
Complaints. Sidewalk related complaints should be directed to the
Montgomery Township Engineering Department. Complaints shall be investigated
in a reasonably timely manner, taking into consideration manpower,
workload and available resources.
